1) The Nature Of Crime

Question 1

Explain the meaning of crime.

(meaning, characteristics and elements of crime)

Answer 1

Crime is the action or omission which constitutes as an offence for being injurious to public welfare and is punishable by law.

The characteristics of a crime is that there must be an act or omission which breaks the law and is harmful to the society and is taken to court by the state where the offence must be proved by the criminal procedure and is punishable by the state if it is proven to be a crime.

For most types of crimes except strict liability offences, two elements need to be proven before the accused is held criminally liable and the crime is proven to have taken place.
The two elements are Actus Reus (conduct of the offender) and Mens Rea (the mental state of the offender).

Question 2

Explain the elements of crime

Answer 2

The elements of crime is Actus Reus (guilty act) and Mens Rea (guilty mind). Both are needed to be proven to be a criminal offence and the accused is criminally liable.

Question 3

Describe strict liability offences with an example.

Answer 3

Stict Liability crimes and crimes where the Actus Reus is only needed to be proven and Mens Rea doesn’t matter.

Eg: In traffic offences such as speeding, it only needs to be proven that the accused broke the speed limit.

Question 4

Explain the nature of Causation with an example.

Answer 4

Causation refers to the relationship of cause and effect between one event or action and the result.

Eg: In a murder trial, a component of proving the crime of murder is that the actions of the accused caused the death charged.

Question 5

Explain the differences between summary and indictable offences
with examples of each.

Answer 5

The main difference between both is the seriousness of the act or omission as well as the way its heard in court and penalties that apply.

Summary offences are relatively minor offences and are heard by a magistrate in a local court. Examples are driving offences and public order offences.

In contrast

Indictable offences are serious criminal offences which may be heard by a judge and jury.
Examples are murder and sexual assault.

Question 6

Identify the parties to a criminal offence.

Answer 6

1) Principal in the first degree
(actual perpetrator of the
crime)
2) Principal in the second degree
(Person present and/or
assisting the principal in the
first degree)
3) Accessory before the fact
(helped with planning before
but was not present during
execution)

 Accessory after the fact 
 (person who helped the 
  principals after crime was 
  committed)

Question 7

Examine factors affecting criminal behaviors.
(5)

Answer 7

1) Social and economic
2) genetic factors (theory)
3) Political factors
4) Self-interest

Question 8

Describe a range of situational and social crime prevention techniques
with examples.

Answer 8

Situational crime prevention aims to make it more difficult to carry out a crime and stops the crime before its committed.

Thee 2 approaches are planning and architectural design such as a CCTV and the other approach is focused approaches (situation based) such as designating no alcohol zones.

Social crime preventions attempt to address the underlying social factors that may lead to criminal behavior
(including poor home environment, social and economic disadvantage , poor school attendance and early contact with the police or other authorities).
Examples of social crime prevention techniques are funding into educational programs or zero tolerance policies.