Crime Flashcards
what is a crime?
ACT or OMISSION that is PROHIBITED by LAW which is considered a WRONG AGAINST SOCIETYS VALUES and MORALS
what is a law?
an OFFICIAL RULE (established by the government) that has SERIOUS PENALTIES if broken (decied by the judiciary). laws have GREATER CONSEQUENCE than ‘rules’
how do we determine if something is a criminal act?
PARLIMENT DECIDES based on LAWS PASSED by democratically elected OFFICIALS
what are the two conditions for an act to be subject to criminal penalties?
- the act is considered WRONG by SOCIETY, VIOLATING BASIC RULES of the community
- the act causes HARM to SOCIETY in GENERAL or to those who NEED PROTECTION
who handles ‘remedying’ a crime that has been committed?
the CRIMINAL JUSTICE SYSTEM
what are the two elements of a crime?
ACTUS REUS (the PHYSICAL element)
MENS REA (the MENTAL element)
how hard is it to prove actus reus and why?
EASIER, we have EYE WITNESSES, VIDEO RECORDINGS, DNA
how hard is it to prove mens rea and why?
TRICKY, CANT KNOW what is GOING ON INSIDE someones MIND. we believe we can KNOW ones mental state FROM THEIR ACTIONS
what is motive?
the REASON (motivation) for doing something. can be used as EVIDENCE to suggest a crime, but does NOT PROVE IT. a person can have motive but not commit an offense
what is intent?
the MEANING behind the action (what they mean to do). Ex. you are playing baseball and acidentally hit the ball into a window. your intent was to win, not to break the window (you have actus reus but not mens rea)
what are the two kinds of intent?
GENERAL and SPECIFIC
what is general intent?
the GENERAL IDEA (mens rea) that COMMITTING an act is WRONG/ ILLEGAL. To prove this the authorities must prove that the wrongful ACT WAS COMMITTED. Ex. you hit timmy with a baseball bat to hurt him, but end up killing him (have a general idea that you will cause harm, but didn’t intend to kill him)
what is specific intent?
you KNOW what you’re doing is ILLEGAL and commit the act to ACHEIVE the END RESULT. ex. hitting timmy with a baseball bat, not as a game or to hurt him, but to kill him
what is recklessness?
when you take an UNJUSTIFIABLE RISK that a REASONABLE PERSON would NOT TAKE. the RESULT of the action is FORESEEABLE but you choose to IGNORE the possible harmful OUTCOME. ex. weaving in and out of traffic and endangering others (changing lanes is not a crime, but the manner you do it may LEAD/ CAUSE a collision, making you responsible)
what is carelessness?
FAILING to PERFORM an ACTION that you have a DUTY/ OBLIGATION to fulill (demonstrates INSUFFICIENT CARE or CONSIDERATION). OVERLOOKING what could POSSIBLY LEAD TO DAMAGE or INJURY of a criminal nature, a degree of NEGLIGENCE. ex. changing lanes on the highway without checking blind spot (you are supposed to check it, you didn’t mean to ignore this step but you did)
