Chapter 3 Test Review

Question 1

Criminal Defences

Answer 1

Negative Defences and Affirmative Defences

Question 2

Actus reus

Answer 2

The act of committing a crime

Question 3

Mens Rea

Answer 3

The knowledge or intention of a crime

Question 4

Absolute Liability

Answer 4

a person must not only have committed a criminal action but also have had a deliberate intention or guilty mind (mens rea)

Question 5

Strict Liability

Answer 5

mens rea does not have to be proven in relation to one or more elements comprising the actus reus

Question 6

General Intent

Answer 6

Crimes do not a need a certain intent or purpose

Question 7

Specific Intent

Answer 7

crimes require the individual who commits the crime to have a certain intent or purpose when the crime was committed

Question 8

Criminology

Answer 8

Study of the nature, causes, and means of dealing with a crime

Question 9

Psychopathy

Answer 9

Mental illness or disorder

Question 10

Summary Offence

Answer 10

A crime that can be proceeded without a trial/jury indictment

Question 11

Indictable Offence

Answer 11

Can only be tried on an indictment after a preliminary hearing

Question 12

Hybrid Offence

Answer 12

The case may be prosecuted either summarily or by an indictment

Question 13

Trial Process

Answer 13

The accused may be tried by judge alone or by jury

Question 14

Criminal Defences

Answer 14

men’s Defences and Affirmative Defences

Question 15

Levels of Offences

Answer 15

Summary, indictable and hybrid

Question 16

Negative defences

Answer 16

Mistake of fact, Mental disorder, Automatism and Intoxication

Question 17

Affirmative Defences

Answer 17

Self-defence and compulsion/duress

Question 18

Theory of Anomie

Answer 18

Shift from rural to urban living also caused a shift in traditional values leaving them to weaken

Question 19

Anomie

Answer 19

Individuals isolation in an urban setting

Question 20

Social conflict theory

Answer 20

Marx and Engels argued a capitalist society by encouraging competition for resources made crime inevitable

Question 21

Positivism

Answer 21

Focused on biological and psychological factors to explain criminal behaviour

Question 22

Bentham

Answer 22

Believed that law should ensure the greatest good for greatest number of people

Question 23

Section 718 the 6 purposes of sentencing

Answer 23

1. to DENOUNCE unlawful conduct
2. to DETER the offender & other people from committing offences
3. to SEPERATE offenders from society where necessary
4. to assist in REHABILITATIng offenders
5. to provide REPARATION for harm to the victims of the community
6. to promote a sense of RESPONSIBILITY in offenders and acknowledgement of the harm done to victims and the community

Question 24

Purpose of Restorative Justice

Answer 24

Settle the conflict to the satisfaction of all of the parties

Question 25

Principles of Justice

Answer 25

1. crime violates a respect among victims, offenders and the community
2. responses to crime should encourage an active participation of victim, offender and the community

Question 26

Examples of Restorative Justice

Answer 26

• victim - offender mediation - a meeting b/t the victim, the offender and a mediator to determine restitution
• family group conferencing - program that brings the victim, offender & families to determine restitution
• victim - offender pannel - victims & offenders of specific crimes come together in groups to discuss their experiences

Question 27

Aggravating Sentencing factors

Answer 27

• specific factors that should result in harsher punishment
• violence/weapons
• previous convictions
• excessive cruelty to victims
• multiple victims/crimes
• vulnerability of the victim

Question 28

Mitigating sentencing factors

Answer 28

• specific info/evidence about defendant that lowers punishment
• absence of previous conviction
• physical/mental illness
• age
• provoked/duress
• evidence of restitution
• genuine remorse