CRIME Flashcards
What are the three main parties evaluated in the criminal justice system?
Victim, offender, society
This is often referred to as VOS.
What is the meaning of crime?
An act committed or an omission of duty injurious to public welfare, for which punishment is prescribed by law.
What are the elements of crime?
Actus reus and mens rea.
What is actus reus?
The guilty act; the physical act of carrying out a crime or failing to act when having a duty to do so.
What is mens rea?
The guilty mind; the accused intended to commit the crime or took unnecessary risks knowing their actions were wrong.
What are the three main levels of mens rea?
Intention, recklessness, criminal negligence.
What is intention in mens rea?
A clear, malicious or wilful intention to commit the crime.
What is recklessness in mens rea?
The accused was aware their action could lead to a crime but chose to take the risk anyway.
What is criminal negligence in mens rea?
The accused fails to foresee the risk they should have, allowing avoidable danger to occur.
What is a strict liability offence?
A minor offence where the prosecution only needs to prove actus reus, not mens rea.
What is causation in criminal law?
The link between the behaviour of the accused and the result.
What is a summary offence?
A less serious/minor offence tried by a magistrate in the Local Court.
What is an indictable offence?
A more serious offence tried by a judge and jury.
Who is the principal in the first degree?
The principal offender, the person who actually commits the criminal act.
Who is the principal in the second degree?
A person who was present at the crime and assisted or encouraged the principal offender.
What is an accessory before the fact?
Someone who helped the principal offender plan or prepare before the crime.
What is an accessory after the fact?
Someone who has assisted the principal offender after the crime was committed.
What are factors affecting criminal behaviour?
Psychological, social, economic, genetic theories, political factors, and self-interest.
What are the two main areas of crime prevention?
Situational crime prevention and social crime prevention.
What is the Law Enforcement (powers & responsibilities) Act 2002?
Key legislation governing police powers.
What is the role of citizens in the criminal justice system?
Reporting crime.
What does ‘gathering evidence’ involve?
The role of the police to gather evidence to support a charge in court.
What are five types of evidence police may use?
Documents, fingerprints, DNA samples, tape recordings, video surveillance.
What does ‘in situ’ mean?
‘In situ’ is a Latin term meaning ‘in the place’.
What is inadmissible evidence?
Evidence that cannot be considered by a judge or jury in court.
What legislation governs the gathering of evidence?
Evidence Act 1995 (NSW).
What limits does the law impose on police when gathering evidence?
Limits on how police can gather evidence and the types of evidence that can be used.
How can technology help police when investigating crimes?
It makes processing and cross-checking of criminal databases easier and more effective.
What can Cyber crime units do?
Locate criminals through their internet activity and track down various cyber crimes.
What is DNA evidence?
Genetic material that can link a suspect with a crime scene or clear a suspect.
What are some problems with DNA evidence?
Issues with reliability and the time it takes for tests to be completed.
What is search and seizure?
Powers given to police to search people and seize items in certain circumstances.
What are ‘reasonable grounds’?
Belief that a person is carrying something related to an indictable offence or other specified offence.
What limits are placed on police power in regards to search and seizure?
The law may require police to obtain a court warrant before exercising their powers.
What is a warrant?
A legal document issued by a magistrate or judge authorizing a police officer to perform a specific act.
Why do police need warrants?
To ensure that police powers are used appropriately and protect citizens against misuse.
What must a police person do when applying for a warrant?
Provide substantial reasons or evidence to justify the granting of the warrant.
