HSC Legal Studies: Criminal Trial, Investigation, Sentencing, Young Offenders, and International Crime

Comprehensive question-and-answer flashcards covering police powers, evidence gathering, sentencing and punishment, young offenders, and international crime based on the lecture notes.

Which New South Wales legislation governs police powers such as arrest, questioning, and search and seizure?

Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA)

What two competing priorities must police powers balance during an investigation?

Effective investigation and individual rights

Which legislation governs evidence collection and admissibility in New South Wales?

Evidence Act 1995 (NSW)

What types of technological evidence are used to enhance the accuracy and reliability of criminal investigations?

DNA evidence, CCTV, and digital records

Under the Bail Act 2013 (NSW), what two elements does bail seek to balance?

The presumption of innocence and community protection

What did the case of R v Mallard (2005) demonstrate regarding the limitations of the criminal investigation process?

A flawed investigation contributed to a wrongful conviction

What is the difference between specific deterrence and general deterrence?

Specific deterrence aims to prevent the individual offender from reoffending, whereas general deterrence aims to discourage the wider community

How do retribution and incapacitation differ as purposes of punishment?

Retribution ensures punishment is proportional to the offence, while incapacitation protects the community through imprisonment

Which Act governs the purposes of punishment, sentencing procedures, and Victim Impact Statements in NSW?

Crimes (Sentencing Procedure) Act 1999 (NSW)

What are examples of aggravating and mitigating factors considered in individualised sentencing decisions?

Aggravating factors include violence, prior offending, and victim vulnerability; mitigating factors include remorse, cooperation, and personal circumstances

What are three examples of alternative sentencing options available to courts?

Circle sentencing, restorative justice, and diversion programs

Which legislation provides the framework for the separate treatment of young offenders in NSW?

Children (Criminal Proceedings) Act 1987 (NSW)

What are two distinct features of the Children's Court?

It is less formal and focuses on rehabilitation

What forms of diversionary programs exist as alternatives to court for young offenders?

Cautions, warnings, and youth justice conferences

What statute established the International Criminal Court (ICC), and what three crimes does it address?

The Rome Statute 1998, which deals with genocide, crimes against humanity, and war crimes

Why are international legal responses to crime considered effective to only a limited extent?

State sovereignty and non-compliance restrict effectiveness, as international systems create standards but lack direct enforcement power