1.nature of crime (questions) Flashcards
what is a crime?
crime is an act or omission committed against the community at large that in punishable by the state.
What is the aim of criminal law?
- Achieve social control
- Maintain social order
- Protect the community and provide a sanction or punishment to the offender if he or she is found guilty by a court of law. The crown must prove its case beyond reasonable doubt.
What is the actus reus
actions of the accused
- proving suspect is guilty of the act
What is the Mens Rea
the mental state of the accused, the intentions
what are the three factors of mens rea
-intention
-recklessness
-criminal negligence
what is intention in mens rea and provide example
the clear, malicious or wilful intention to commit crime
-most difficult for prosecution to prove
-murder
what is recklessness
intermediate level of intent
was aware that their action could lead to a crime being committed but chose to take that risk anyways.
what is criminal negliegence
accused failed to foresee the risk
-they usually have the duty to protect
e.g, a doctor messes up
what is a strict liability offence?
only the elements of actus reus is needed to be shown
traffic offences are considered this offence (speeding)
only be successfully defended if the accused can prove that the actual act did not occur, as Mens rea is irrelevant to this category of offences.
what is causation
the casual link between criminal act and the harm
if you remove the criminal act, So in this case, remove the stabbing. Would the victim still have died? Would the harm still have occurred?
what is offences against a person. What are the three types?
crimes involving injury to another person
-homicide
-assault
-sexual offences
what are offences against the soverign? what is the type ?
crimes undermining the governance of nation
treason is the crime of betraying one’s nation
-breaching allegience to country and sedition
-terrorism, selling state secrets
what are economic offences? What are the three types?
loss of property = house, objects, money, assets
- crimes against property
2.white collar crimes (fraud) - computer crimes (scam, identity fraud)
what are drug offences?
crimes involving the obtainment, sale or traffic of illicit drugs
what are driving crimes
- strict liable offence
involve motor vehicles which break traffic laws
-speeding
-drunk driving
-negligent driving
what r public order offences?
crimes which disrupt the prevailing norms of society
-public intoxication and prostitution
what are preliminary offences?
crimes that occur in the lead up to criminals commiting another type of offences
what is conspiracy vs complicity vs omission - preliminary offences
conspiracy (2+ ppl)
complicity (encouraging one to do a crime)
what are regulatory laws?
offences set out in delegated legislation (by-laws)
breach of water restriction or fire
what is the difference between summary and indictable offences
severity of the crime
summary - less serious/magistrate/local court
indictable - serious/judge or jury/ district courts
what are the four parties to crime
principal in first degree ‘perpetrator’
principal in second degree
‘assisted’
accessory before the fact
‘planner, preparer’
accessory after fact
‘after’
‘giving refuge’
what are the six factors affecting criminal behaviour
-psychological factors
-social factors
-economic factors
-self interest factors
-genetic factors
-political factors
what is a psychological factor?
mental illnesses
what are social factors?
association with people who effect attitude, views, ethics and morals of crime
-peer pressure
-family influences
-personal relationships
what are economic factors
if someone broke they gonna steal bffr
-lower socio economic background - robbery to gain financial benefit
what are genetic factors
ideology or ‘phrenology’ that people are born with traits that are responsible for the correspondence to crime
what are self interest factors?
greed for wealth motivating people to commit collar crimes
-fraud, avoiding tariffs
-perpetrated by professionals
what is situational crime prevention?
physical barriers preventing people from committing crimes making them harder to commit
what are the two approaches to situational crime prevention?
- planning and architectual design
-alarm systems
-computer passwords
-cctv - focused situational approaches
-rest on rational choice theory
what is social crime prevention
targetting factors that affect crime (prevention)
addressing underlying social factors such as
-poor home condition
-economic disadvantage
examples -
-government funds
-educational programs
-parenting workshops
