Compare Criminal and Deviant Behaviour (AC1.1) Flashcards
What is the legal definition of a crime?
A deliberate act that causes physical or psychological harm,damage to or loss of property and is against the law. For example murder,armed robbery,underage drinking,assault,theft and rape.
What is the definition Actus Reus?
Actus Reus is Latin for “a guilty act”.
What is the definition of Mens Rea?
Mens Rea means “a guilty mind”.
For a court to consider a defendant’s action to be a crime what two elements must the action have?
In order to be guilty of a crime both Actus Reus and Mens Rea must be present. This is because the defendant must have done something that law forbids and they must have done it with bad intentions.
What is the definition of strict liability?
Sometimes the wrongful act on its own is enough to convict someone. Even if you didn’t intend to do wrong sometimes it is still a crime. For example driving with insurance (Mens Rea for a crime does not have to be present).
What is the definition for self-defence?
Assaulting someone when it is self-defence is not a crime so long as the force was reasonable in a situation.
What are the exceptions to requiring Actus Reus and Mens Rea?
Strict liability and self-defence.
What is the definition of a formal sanction?
Ones imposed by official bodies such as the police,courts,schools and other institutions. They are punishments for breaking formal written rules or laws. For example schools may exclude pupils for bullying or courts may fine an offender for theft.
What is the definition of summary offences and what sanctions are received?
These are the less serious offences heard in the magistrates court. For example speeding,drunk and disorderly and minor criminal damage. The types of sanctions received for this offence are fines,points on drivers licence and community service.
What is the definition of triable/either-way offences and what sanctions are received?
These are the “in between” crimes which can be tried in either the magistrates or the crown court. For example theft,burglary and drug offences. The types of sanctions received for this crime are short term sentences and community service.
What is the definition for indictable offences and what sanctions are received?
The most serious crimes which are tried in the crown court. For example murder,rape and arson. The types of sanctions that are received are long term sensitive.
What is the definition of a custodial sentence?
A sentence of imprisonment for a period of time set by the court.
What is the definition of community sentences?
Non custodial punishments where offenders serve their sentence in the community.
What is the definition of conditional discharge?
Where an offender is released without immediate punishment but if they commit another offence in a specified period they can be resentenced for the original offence.
What is the definition of a caution?
A formal warning given to the offender by the police for a minor offence.