BRD205 Exam Revision

Basic info
 Three long-answer questions to choose from (ONLY NEED TO ANSWER TWO)
 2 hours + 20mins to complete exam
 Spend roughly 60 minutes answering each question
 Each question will be worth 20 marks
 For each question you answer:
o We expect an in-depth response.
o You will be asked to discuss two unit topics from different disciplinary
perspectives, e.g. media, law, psychology, science, sociology.
o You should include at least one case study / example from both of your
chosen topics. You need to explain how these cases / examples are relevant
to the question / your response.
o Demonstrate critical analysis skills and show the marker how you understand
the unit content and how it relates to the question.

Structure
 We will be more lenient in the marking in terms of tone/expression than in your
research essay/assignment. You can use first person. But try and use an academic
tone and be persuasive in your answer (i.e., each point/sentence should be a “mark”
to your final grade. Therefore, be clear and concise. Don’t include overly
wordy/descriptive sentences. Each sentence should provide value to your response.
No “fluff” words. Plain English).
o Introduction (one paragraph). Think of this as your thesis statement, that you
will then support in the body of your answer.
o Main body (4-6 paragraphs): topic 1, topic 2, then a para tying it all together
from a multidisciplinary perspective.
o Link the topics to their disciplines, e.g. crimes at sea (topic) and international
law (discipline).
o Link the two topics together to provide a multi-disciplinary perspective (a
learning outcome of the unit).
o Conclusion (one paragraph).
 *A structured response will help you form an argument and will come across as
more persuasive and easier for the people reading you exam to follow.

Practice question
“In what ways do the disciplinary perspectives of international law and science contribute to
our understanding of crime investigation? Incorporate the following two unit topics to
answer this question: Crimes at Sea (International Law) and CSI Through the Ages (Science).”
To answer this question, you must:
1. Incorporate the above two topics and apply these to answer the question
2. Discuss the two topics from a multi-disciplinary perspective
3. You may choose to incorporate a case example(s) to support your response. You
may also incorporate additional unit topics to compliment your response.
 (this will be similar formatting to the exam questions)
NB: An example response has been posted on LMS.

Topics and main concepts

International law
 Discuss how international events, racism, and perspectives of the 'other'
contributes to social division and crime.
Russia’s war on Ukraine has shifted alliances – sided with Russia vs Ukraine, social division of
countries

Black Lives Matter, an international social and political movement formed in the United
Stated in 2013. The murder of George Floyd in Minneapolis in 2023 sparked a large
international movement. The nation erupted into violence and distraction dozens of
American cities up in flames after protests turned into riots followed by looting. In Los
Angles large groups torched police cruisers, departments stores trashed.

The Coronavirus disease (COVID-19) pandemic began a global outbreak in 2020. COVID-19
originated in China in 2019 and was later declared a worldwide pandemic. COVID-19
increased social divisions between countries and within economies.

 Discuss the importance of taking an international perspective on crime.

o To identify crime trends both nationally and internationally
o due to globalisation assisting in the cooperation of criminals internationally
o the growth of technology can include criminals of any geographical region of
the world – criminals use cyber space to commit crimes
o in recent decades, new types of crime have emerged as a result of universal
access to internet – collapse of international boundaries.

 Discuss the legalities involved in policing cruise ships *mentioned below

Crimes against humanity

Key concepts:
 What is international criminal law?
o International law is a branch of law that governs the rights and
responsibilities of States.
 Core crimes in international criminal law:
o War crimes
o Crimes against humanity
o Genocide
o Torture & aggression
 What are crimes against humanity?
1. Murder
2. Extermination – terrorists attacks
3. Enslavement
4. Deportation or forcible transfer of population by force or other coercive acts
5. Imprisonment or other severe deprivation of physical liberty
6. Torture
 7. Sexual violence
8. Persecution against any identifiable group universally recognised grounds of
discrimination
9. Enforced disappearance of persons
10. Other inhumane acts of a similar character and gravity

Psychology
 Discuss the link between traumatic brain injury and crime
Traumatic brain injuries (TBI) are a major cause of disabilities and morality worldwide, more
commonly in offender populations. A study found that 77.5% of younger male violent
offenders reported having suffered at least one TBI in their lifetime. A traumatic brain injury
and other neurological disorders can have a significant impact on an individual’s behaviour,
cognitive abilities, and emotional capacity. As such, these conditions should be considered
when sentencing offenders and these are court guidelines in place to ensure that this is
done in a fair and individuals manner.

 Describe the impact of the Criminal Justice System on youth

o Sever punishments for early criminal beh can result in greater future
recidivism and impact future employment opportunities (Lynch et al., 2003)
o Overuse of separation and confinement to manage young people is
associated w many neg impacts – including physical health, psychological
health, social and education development.
o Long term impact – mental health, poor emotional development, poor
educational outcomes
o Indigenous children at increased risk
o Associated w an increased risk of suicide, psychiatric disorders, drug and
alcohol abuse

 Apply labelling theory to juvenile offending, and

It is often the case once someone has been labelled by society, they begin to act in
accordance with their label. One of the consequences of deviant labelling is that it
leads individuals who the label has successfully been applied to, into deviant groups.
This is because “deviant groups often provide social shelter for criminals and
encourage collective rationalisations, definitions, and opportunities that encourage
and facilitate deviant behaviour.” Furthermore, being successfully labelled as a
delinquent increases the risk of reoffending (article 9). This because, once an
individual has successfully been labelled a deviant, they begin to exhibit behaviours,
attitudes and actions in association to the label.

A delinquency label increases recidivism by damaging youths’ opportunity structure

and by fostering the development of deviant self-meanings. It causes discrimination
to conventional social network and increases contact w deviant peers which will
result in deviant behaviours.
  Examine the impacts of labelling theory on societal perceptions and social
exclusion of youth.
o From this point of view, deviance is not a quality of the act the person commits, but
rather a consequence of the application by others of rules and sanctions to an
'offender'
o Placing negative labels on people (particularly those already disadvantaged)
leads to social exclusion, isolation, stigmatisation and stereotyping of certain
groups, namely those in poorer communities – often to those being labelled
to seek out other like them.
o "certain people 'become deviant' through the imposition of social judgement on
their behaviour"
o The impact of neg labelling can result in structural isolation from the conventional
society.
o Example: an arrest may have no impact on a youth’s life if kept secret from
members of local community and school, can trigger exclusionary reactions by
teachers and community members.
o The stigma attached to deviant labelling can lead to exclusion from relationships w
conventional others and from legitimate opportunities.

Labelling may lead to social exclusion through two separate processes (Link, 1982)
1. Conventional others including peers, community members may reject or devalue labelled
person. Serotyping images of criminality can become defining features of individuals labelled
as deviant, thus bringing negative reactions by others of being associated w the stigma.
2. Labelling may lead to social withdrawal due to anticipated rejection or devaluation. Social
interaction of “normal” people and labelled people often includes embarrassment. The
anticipation of such interactions leads normal and stigmatised to avoid each other. Labelled
individual’s withdrawal socially.

Traumatic brain injury

Key concepts:
 50% males and 49% female adolescents enter jail w a history of TBI – they may have
committed the crime because of brain injury resulting in delayed thinking process
etc.
 Changes in behaviour may include: frustration, increased aggression, impulsivity or
difficulties in self-control
 Following a frontal lobe injury, an individual’s abilities to make good choice and
recognise consequences are often impaired. Damage to the frontal lobe can cause
increased irritability which may include a change in mood and an inability to regulate
behaviour.

Young people and the law

Key concepts:
 Mitigating factors that lead to the belief that youths are responsible for more than
50% of crime is mainly due to media representation, experiences, policing, visibility
and where the line between child and adult is drawn.
 The criminal justice system labels individuals as deviant, thus affecting the way in
which society responds to those individuals
  Delinquency labels leads others to treat the labelled youth in ways to promote the
development of deviant self-meanings, and those deviant self-meanings then
motivate affirmation through subsequent deviance

Legal responses to child Legal responses to adolescence

Family court that case not be discussed w
child
Mandatory reporting od abuse
Protection of child witnesses through trial
processes
Juveniles to be tried as adults
Juveniles being detained in adult prisons
Mandatory sentencing – resulting in more
time in custody than adults

Famous by default
Key concepts:
 Domestic-related homicides are reported less prominently than non-domestic
homicides because story is less likely to elicit fear therefore less attention
 More attention to “ideal” victims (pretty, smart, defenceless women) as they elicit
more shock & emotional response
 Fear of crime

Social media and fear of crime

Key concepts:
 Cultivation theory: people who are exposed regularly to media over long periods of
time perceive the world’s social realities as presented on media and it affects the
audiences attitudes and behaviours.

Science
 Detail the way in which technology has both helped our fight against crime, as
well as helping offenders commit crime.
 Critique the impact of crime fiction on the community’s understanding of
forensic science, and
 Discuss the flaws of forensic science and critique our reliance on this form of
evidence.

Computer hacking
Key concepts:
 Cyber dependent crimes: where a digital system is the target as well as the means of
attack. These include attacks on computer systems to disrupt IT infrastructure and
stealing data over a network using malware. The purpose of data theft is usually to
commit a further crime.
 Cyber enabled crime: ‘existing’ crimes that have been transformed in scale or form
by their use of the internet. the use of the internet to facilitate drug dealing, people
smuggling and many other ‘traditional’ crime types.
 Top cyber crimes of 2019:
1. Identify theft
2. Online fraud & shopping scams
3. Bulk extortion
 4. Online romance scams
5. Wire-fraud & business email compromise
 What is cyber security?
o The art of protecting networks, devices, and data from unauthorised access
or criminal use and the practice of ensuring confidentiality, integrity and
availability of information.

CSI through the ages

Key concepts:
 TV exaggerates the processes and technologies behind forensic science. Actually, it
requires multi-skilled and multi-faceted experts. DNA evidence is not always
conclusive.
 CSI effect -

Law & Crime

Rationality and deterrence
• Examine issues with the assumptions of deterrence and offender rationality
assumptions and,

• Examine the effectiveness of deterrence through punishment through a critical lens

Wrongful convictions
• Discuss the difficulties in limiting criminal appeals, while maximizing justice

• Discuss specific cases of miscarriages of justice

Rationality and deterrence

Key concepts:
 Forms
o Specific deterrence – deterring the individual from committing the same act
again
o General deterrence – deterring other individuals from committing the same
act
 Cognitive dissonance – contradictions between our thoughts, attitudes and
behaviours.
o Reactions to cognitive dissonance:
 Modify cognitions
 Trivialise cognitions
 Adding cognitions
 Denying cognitions
Is the (general) offending population ‘rational’? Why or why not?

The general offending population are not rational. Most individuals that choose to commit
crime are influenced by socio-economic pressure, emotions, cognitive biases and situational
factors from childhood which creates a higher risk for mental health.

What is the purpose of punishment?

The purpose of punishment serves as a form of retribution, where people that want to
commit a crime face consequences equivalent to their actions. Punishment can also assist in
discouraging possible offenders from engaging in similar criminal activity and ensure the
safety in society/ community from criminal offenders.

Wrongful convictions
Key concepts:
A miscarriage of justice.
Appeals: the appeals process allows a losing party in a trial court
decision to have their case re-tried again.

Potential grounds for appeal in a criminal case include legal

error, juror misconduct and ineffective assistance of counsel.
Legal errors may result from improperly admitted evidence,
incorrect jury instructions, or lack of sufficient evidence to
support a guilty verdict.

Avenues for appeal

 State level-restricted to one appeal
o Unreasonable of unsafe verdict
o Miscarriage of justice
o Fresh evidence appeals
Evidence of innocence is insufficient to grant an appeal (i.e., new evidence)
 After state level appeal, next option is High Court – highest court to appeal
o Limitations: cannot receive fresh evidence on the basis that doing so would
infringe on state jurisdiction
o For factually innocence-based applicants w new evidence of innocence who
have exhausted their one state appeal – only remaining option is a pardon
(Attorney General)

Eyewitness identification- eyewitness misidentification is the leading cause of wrongful

convictions.

Why is taking a multi-disciplinary approach to the problem of rime important?

Use two-unit topics to support your response

Crimes at Sea (International Law)

 The law where the crime occurred will follow the laws of that country, even if that
bare citizens of another country
 Extraterritorial or long arm jurisdiction to hold them accountable ni their own
country

What happens when a crime occurs at sea

 Australia and coastal countries, legislation can pass laws up to 12 nautical miles
 International law principles
 Beyond 12 N miles is an area known as the high seas
o High seas don’t belong to any country therefore have no territory

Crimes on cruise ships

 Ship in port, follows laws of country ship is docked
 Ship in territorial sea, follows laws of country (12 N miles)
 Nigh seas, UN convention on the law of the seas
 Flag state, the ship that the country belongs to

CSI Through the Ages (Science).

 What are positive of the advancements in crime scene investigation technologies
(i.e., DNA profiling)
o DNA analysis: automated system capable of extracting DNA from sample &
preparing them for analysis.
o DNA profiling
o Artificial intelligence – comparing fingerprint data, analysing crime scene and
finalising conclusion from photograph comparisons.
 Crime scene investigation – what can go wrong
o Investigator bias, noble cause corruption
o Subjectivity
o DNA contamination, mishandling of evidence
o Misunderstanding of DNA evidence
 What is the CSI effect? – jurors expect more more conclusive & definite evidence
from expert witnesses thus putting more pressure on the expert witness.

CSI effect hypothesis – suggest that television programs and spin-offs which wildly
exaggerate & glorify forensic science, affect the public, and in turn affect trials either by
1. Burdening the prosecution by creating greater expectations about forensic science
that can be delivered or
2. Burdening the defence by creating exaggerated faith in the capabilities & reliability
of the forensic science.