1.1 - Crime Flashcards
What is the legal definition of crime?
An act that the state has created a law against, and formal punishment for. An act can be criminal, deviant, or both.
What do elements must an act have to be considered a crime?
- Mens Rea: an act done with bad intentions - guilty mind.
- Actus Reus: an act against the law - guilty act.
Why is strict liability an exception to having both elements?
It doesn’t have both elements, but is still a crime. Does have an Actus Reus, but no Mens Rea.
Examples of strict liability
- Breaking health and safety regulations and someone gets injured.
- Speeding and hitting a pedestrian.
- Watching TV with no license.
When can an act have both elements but not be a crime?
Some ‘defences’ mean you can have both Actus Reus (guilty act) and Mens Rea, but it’s not considered a crime.
Examples of defences
- Self defence
- Diminished responsibilty
- Infancy
How does the social definition of crime differ from the legal definition?
The public oftem have a different view of crime from the law. Some acts that are are illegal are not seen as criminal by the public. There crimes usually have low police priority.
What are the two types of criminal acts?
Summary Offences and Indictable Offences
What are summary offences?
Less serious, eg speeding - tried by magistrates.
What are indictable offences?
More serious - tried in crown cort before a judge or jury.
What are the main categories of indictable offences?
- Violence against the person
- Sexual offences
- Offences against property
- Fraud and forgery
- Criminal damage
- Drug offences
- Public order offences
