AC 1.1 Flashcards
what is the social definition of crime?
crime is a label from social interaction, or a wrong against a community. this is due to society’s shared norms and values. if society says an act is a crime, it tends to be seen as one
what is the basic legal definition of crime?
an illegal act that is punishable by law
what is the extended definition of crime?
an act must contain actus reus and mens rea to be deemed a crime
what is actus reus?
guilty physical act, eg shooting someone
what is mens rea?
guilty mind- intention to cause harm or kill. eg, planning to shoot someone
what is the exception to the legal definition of crime?
strict liability offences which only require actus reus (guilty act) for example someone selling alcohol to a minor, traffic offences ect
what factors determine whether something is criminal or not?
time
situation
place
culture
what are some defenses people use in court?
Intoxication
-Insanity
-automatism
-consent
-Self-defence
-Diminished responsibility
-Loss of control
-Lawful excuse
-Duress
-Infancy
-necessity
what are some formal sanctions?
- Fine
- Driving ban
- Caution
- CBO (Criminal behaviour order, normally results in a ban- replaced ASBOs)
- CPN- Community protection notice
- Extradition/ deportation
- Tag/curfew
- Community service
- Prison
- Restraining order
- Sex offender register
what are some non court sanctions that can be put in place?
Caution by the police
Conditional Cautions by the police – the police could impose a ‘condition’ such as “regular drug testing orders” or they could ask you to clean up graffiti ect
Penalty Notices-Can be issued by the police where an individual may have behaving inappropriately in public
what are the 4 key sentence types to colurts can issuje to offenders?
- Custodial Sentences
- Community Sentences-
- Fines- monetary charges/penalties.
- Discharge
what are custodial sentences?
prison sentences which are mandatory and life e.g. this is for serious offences such as murder etc
what are community sentences?
includes some form of work in the community or a form of order to rehabilitate the offender (e.g. litter picking/drug testing orders/anger management) There are 12 different orders available for adult offenders and 18 different orders available for young offenders.
what can fines be issued for?
This can be for offences such as driving/non-payment of bills/fly tipping, speeding ect
what is a discharge sentence?
dismissal from court and let go free (this is often done when the offence is not serious, and the offender is clearly remorseful or a first-time offence)