The legals ripoff of the businesses game thing (1 Viewer)

[-may-cat-]

Q: Identify and explain the parties to a crime

Principal in the first degree: Person who commits the crime.

Principal in the second degree: Person who assists in carrying ouy the crime.

Accessory before the fact: Person who helps plan the crime but is not an active active participant at the crime scene.

Accessory after the fact: Person who helps after the crime is committed.

Question: Give reasons for and against the adoption of an Australian Bill of Rights.

 

[cxlxoxk]

I hate that question! But i'll answer it with as much detail as i can be bothered.

For:

- Australia can still afford to have more protection of Human Rights.

- A bill of rights for Australia means that more of our duties and obligations internationally are met due to an increase in Human Rights protection.

- It will show that Australia prioritises Human Rights over Politics.

- A bill of rights means there will be one document that can be read, to read all of our rights, as opposed to several statutes.

Against:

- We already have an above average (although not perfect) human rights record.

- Harder to change.

 

[laureese]

you didnt write a question..

so ill repost mine that didnt get answered

Q:what are the post-sentencing decisions

 

[-may-cat-]

^
security classification
protective custody
Parole
im too lazy to explain atm.

Question: Why do people commit crimes?

 

[laureese]

social influences
political motives
economic factors
self interest
addiction
mental illness
differential association
anomie theory

Q: What are the complete and partial defences to criminal charges?

 

[obimoshman1234]

COMPLETE defences:
Accident and error
Duress
Necessity
Mental illness
Automatism
Self defence
Consent

Partial defences:
Provocation
Diminshed responsibility
Intoxication


What are the 3 types of penalties or punishments? define them.

 

[cxlxoxk]

you didn't say whether u wanted current or not, so haha =P :


1. Capital Punishment - still used in some nations, others not (this includes ours)

Execution

- the death sentence, lethal injection, electric char, hanging, decapitation

2. Corporal Punishment - still used in some nations, others not (this includes ours)

Aimed to inflict pain, and to cause harm/an injury

- whipping, caneing

3. Jail - a current punishment

To incapacitate the criminal in some prison, to keep him from harming the public.

 

[Azreil]

Since there wasn't a question in the post before mine, I'll answer the not-so Legal questions

Not a legal studies question: Do you think total world order/world peace/world security is achievable?

No. It's an ideal, not something fixed that is able to be achieved. Yes, we need to work towards it, and a more peaceful world is, and should be, achievable. But total world order requires that there is never someone who works in (the UN, world government, powerful regional federation, etc) that gets power hungry, or even mistranslated, or makes a decision that disgruntles an already unhappy nation, and war breaks out. Civil wars can start over something tiny--who owns that particular cow, or piece of land--and quashing these struggles, without being incredibly violent or classist (ie, implying that peasants are stupid and shouldn't squabble over such things) is very difficult.

Possibly a legal studies question: Contrast between legalisation and decriminalisation?

I don't think we need to know this, but when something is decriminalised, it is removed from the criminal code. It may not still be legal (such as possession of small quantities of marijuana in SA) but it can only attract a fine and I don't believe you will be required to go to court/have a criminal record etc. Legalisation means that something is legal and you will not attract a fine, etc, for doing this act. Sometimes these can be done together (ie, the Abortion Reform Act 2008 (Vic) both decriminalised and legalised abortions) or they may occur seperately, at different times.

Next question: Distinguish summary and indictable offences, giving examples where necessary.

 

[obimoshman1234]

Summary offences: are those heard and decided by a magistrate without a jury. They are minor offences and include: motor traffic offences, offenxive behaviour etc

Indictable offences: are serious criminal offences and may be heard by a judge and jury. These include murder, sexual assult, assult etc

Pretty much all summary offences are minor and only heard in local court
indictable all offences heard in district and supreme courts

Outline the differences between the adversarial and inquisitorial system of courts?

 

[laureese]

Outline the differences between the adversarial and inquisitorial system of courts?

adversarial
used by the courts in aus
involves adversaries or opposing sides, i.e 2 parties
both parties present their cases
judge doesnt investigate, relies on witnesses and evidence presented

inquisitorial
judge collects evidence for both sides in disputes

Q: what are the 2 types of crime prevention? explain

 

[obimoshman1234]

adversarial
used by the courts in aus
involves adversaries or opposing sides, i.e 2 parties
both parties present their cases
judge doesnt investigate, relies on witnesses and evidence presented

inquisitorial
judge collects evidence for both sides in disputes

Q: what are the 2 types of crime prevention? explain

u missed probably the most important part
"Innocent until proven guilty" vs "Guilty until proven innocent"
my god fail

let some one else answer Q: what are the 2 types of crime prevention? explain

 

[laureese]

dude relax , im just being lazy and its just a post..
fail? nah i dont think so considering im ranked 2nd

+ innocent until proven guilty is only for adversarial criminal trials..

 

[obimoshman1234]

lol even being lazy thats the most important difference which essentially u could use to work out the rest of the differences

anyway repost current uestions
Q: what are the 2 types of crime prevention? explain

 

[-may-cat-]

^
Situational: To find the physical or 'situational' causes of a crime and by making changes to that situation, reduce the crime. EG: Banks are now built with the teller booths at the furthest point from the entry to the bank, gives enough time to put up protective screens.

Social: Social crime prevention changes social conditions and attitudes to reduce offending through:
- Media campaigns eg: violence against women, Aus says no
- Diversian Programs Eg: PCYC
- Teaching of ADR techniques, particularly in relation to Domestic Violence.

Question: Define the following:

Mens rea
Actus reus
Causation
Obita Dicta
Ratio Decedendai
Doli Incapax
Locus standi
Omisssion

 

[cxlxoxk]

Define the following:[/B]

Mens rea
Actus reus
Causation
Obita Dicta
Ratio Decedendai
Doli Incapax
Locus standi
Omisssion

Mens rea - guilty mind

Actus reus - guilty act

Causation - linking the act to the crime, what happened to the victim must be substantially related to the crime.

Orbiter Dicta - Other comments

Ratio Decidendi - My 2nd favourite latin term in the legal studies course, "reason/rationale for the decision".

Doli Incapax - i dunno, we aren't required to know that, its not in the excel books for Legal Studies, at least i don't think so.

Locus Standi - legal standing

Ommission - failure/failing to act

My question:

Define "double jeopardy" and "a recidivist"/"recidivism"?

 

[lolcal]

double jeopardy states that once you have been acquitted, you cannot be retried or found guilty right? and recidivism is reoffending.

distinguish between civil and common law systems

 

[cxlxoxk]

distinguish between civil and common law systems

A civil law system uses an inquisitorial system and a common law system uses an adverserial system.

A civil law system based on Roman law, common law system based on English law.

Ok, my question:

Distinguish between equality, justice, fairness, and equity =P mwhahaha!!!!

 

[Eclipse008]

equality
Formal equality - treating all people equally regardless of institutionalised inequalities. e.g. Parking tickets. This often works again true equality, because these puishments will affect certain members of society more than others.
Real equality - attempt to reach equal outcomes - this is seen through anti-discrimination legislation, which aims to redress instutionalised inequalities.

Fairness - while equality is more to do with treating people equally, fairness is to do with equal outcomes. In a legal sense, the concept of fairness has close relations to justice.

Equity - (short defination) The laws of equity were originally established by the king, in the courts of Chancery, where common law failed to provide justice. Equity can now be administered in the same court as common law, and takes into consideration the intention of laws and actions. Thus, in a legal sense equity is also similar to justice. It ensures that justice occurs in particular cases.

Justice - isn't in the syllabus but.... justice aims to reinforce societal values and ideals where there is breach of law. It aims to uphold the morals and ethical code of a society.

 

[cxlxoxk]

Name four purposes for a punishment.

has already been done?

Distinguish between equality, justice, fairness, and equity =P mwhahaha!!!!

 

[Eclipse008]

feel free to elaborate on my response. It was a hurried one.