a few questions... (1 Viewer)

[sospecha]

so was going over my crime notes and there were just a few things that came up that i didn't quite understand...if any one can help...even on just ONE of the questions...it would be greatly appreciated...

1. Is this a crime characteristic: must be seen as harmful to the WHOLE community?

2. Is the killing of an infant only infanticide when it is commited by the mother and 'the mother's mind has been affected by the birth of that child/ by breastfeeding? Are there no other circumstances for infanticide to be commited in?

3. What is the difference between sexual assault and rape?

4. Is prostitution legal? Or a victimless crime?

5. Division of powers and seperation of powers...is there a difference?

6.Local court is always first, but if it is a more serious crime, such as murder or treason, do appeals skip the District COurt and go straight to the Supreme? Becuase District Court only deals with 'less serious indictable offences'?

7. And of the Supreme Court only hears the most serious of crimes, is the District Court the highest court of appeal for less serious indictable offences?

8. My principal is a 'justice of the peace'. Does this mean he can grant bail, if there is no magistrate present?

9. How long is life inprisonment? Did it change with the 'truth - in - sentencing' legislation?

10. What is the LTN Convention on the RIghts of a Child and what does it have to do with mandatory sentencing?

11. What is Rendition? As in relation to extradition?

...thanks...

 

[DsDeMoN]

I'll see if i can help with a couple.. (sorry if they aren't god-like answers)

Question 1
It has to be seen as harmful to a large majority of the community, or considered unacceptable by the greater number. *this is a bit iffy i know*

Question 3
Pretty sure its rape when sexual intercourse actually takes place, sexual assault is more along the lines of groping, unwanted touching etc.
Given this, the penalties are lighter for sexual assault offenders.

Please feel free to ellaborate or correct haha

 

[joeyjojoshabado]

yeah i'll help with 4 and 5...

4. yes, prostitution is a victimless crime.

5. The doctrine of the separation of powers ensures that no one arm of government has all the power. It includes..
- The legislature (parliament)
- The judiciary (the courts)
- The executive (government departmens and delegated authories like police etc)

And the division of power is the sharing of power between state and federal governments.

Hope that helps

 

[sospecha]

thanks heaps guys...that really helped...

now if ANYONE could answer any of the other question that would be great...as knowing my luck most of the questions on wednesday (day of my exam) will be on that stuff...which i don't know!!!

...thanks...

 

[poopoohead]

6. more serious offences require a committal hearing- to determine if there is enough evidence (if its a prima facie case) for case to go to court. im assuming thats in the lower courts. i think the district court hears indictable offences- but the more serious i think go straight to the supreme court. i know it is the court of first jurisdiction for serious sexual offences

7. Both the district court and supreme court hear appeals from local court. the high court is the highest court of appeal- not sure about summary offences tho- whether there is a limit to how far an appeal can go. i dont imagine there are many summary cases that go very far above the district court?

 

[melsc]

so was going over my crime notes and there were just a few things that came up that i didn't quite understand...if any one can help...even on just ONE of the questions...it would be greatly appreciated...

1. Is this a crime characteristic: must be seen as harmful to the WHOLE community?

2. Is the killing of an infant only infanticide when it is commited by the mother and 'the mother's mind has been affected by the birth of that child/ by breastfeeding? Are there no other circumstances for infanticide to be commited in?

3. What is the difference between sexual assault and rape?

4. Is prostitution legal? Or a victimless crime?

5. Division of powers and seperation of powers...is there a difference?

6.Local court is always first, but if it is a more serious crime, such as murder or treason, do appeals skip the District COurt and go straight to the Supreme? Becuase District Court only deals with 'less serious indictable offences'?

7. And of the Supreme Court only hears the most serious of crimes, is the District Court the highest court of appeal for less serious indictable offences?

8. My principal is a 'justice of the peace'. Does this mean he can grant bail, if there is no magistrate present?

9. How long is life inprisonment? Did it change with the 'truth - in - sentencing' legislation?

10. What is the LTN Convention on the RIghts of a Child and what does it have to do with mandatory sentencing?

11. What is Rendition? As in relation to extradition?

...thanks...

3. What is the difference between sexual assault and rape?
RAPE is a form of sexual assault, however rape is the common law term which is no longer really used in the legal system. Sexual assault varies in degrees from groping, touching exposing etc... to sexual intercourse without consent (which is 'rape'). At law 'sexual intercourse is a very broad category including things like touching etc..

5. Division of powers and seperation of powers...is there a difference?
Separation is executive, judiciary and legislature
Division is the stuff in s.51 where power is divided between federal and state.