crime defenitions Flashcards
crime
An act or omission against the community at large that is punishable by the state
state
A government and the people it governs; a country
accused
The person or alleged offender that the criminal action is being taken against
crown
The state party that commences a criminal action in a court of law; in New South Wales, the action is usually commenced by the Director of Public Prosecutions; if the alleged crime is against a federal criminal law, the action is usually commenced by the Commonwealth Director of Public Prosecutions
beyond reasonable doubt
The standard of proof required in a criminal case for a person to be found guilty
actus reus
A Latin term meaning ‘guilty act’ that refers to the physical act of carrying out a crime
mens rea
A Latin term meaning ‘guilty mind’, meaning that the accused intended (to some degree) to commit the crime, knowing their actions were wrong
Recklessness
When the accused was aware that their action could lead to a crime being committed, but chose to take that course of action anyway
Criminal negligence
Where the accused fails to foresee the risk when they should have and so allows the avoidable danger to occur
trafficking
Dealing or trading in something illegal, particularly drugs
homicide
The unlawful killing of a human being
murder
The deliberate killing of a person
Manslaughter
The killing of a person in a manner that is considered to be less intentional than murder
Mitigating circumstances
Circumstances that make an offence less severe; they can lead to a reduced sentence
Voluntary manslaughter
The killing of a person where the accused did intend to kill or was reckless about killing someone but there were mitigating circumstances
Provocation
The defence where the defendant claims that their actions were a direct result of another person’s actions, which caused them to lose control of their own actions
Involuntary manslaughter
The killing of a person where the death occurred because the accused acted in a reckless or negligent way without intention to kill
Constructive manslaughter
The killing of a person while the accused was carrying out another dangerous or unlawful act
Infanticide
The death of a baby under the age of 12 months at the hands of its mother
Assault
A criminal offence involving the infliction of physical force or the threat of physical force
Common assault
Assault where there is no actual physical harm to the person assaulted, including threatening to cause physical harm to another person
Sexual assault
When someone is forced into sexual intercourse against their will and without their consent
Indecent assault
An assault and ‘act of indecency’ on or in the presence of another person without their consent
Treason
An attempt or manifest intention to levy war against the state, assist the enemy or cause harm to or the death of a head of state
Sedition
Promoting discontent, hatred or contempt against a government or leader of the state through slanderous use of language; in Australia, sedition includes the offences of urging force or violence against the government
Larceny
When one or more people intentionally take another person’s property without consent and without intention of returning It
Robbery
When property is taken directly from a victim, usually forcefully
Break and enter
Commonly known as burglary, break and enter offences usually occur when a person enters a home with intent to commit an offence
White-collar crime
A general term for various non-violent crimes associated with professionals or businesspeople, such as embezzlement, tax evasion or insider trading
Embezzlement
When a person steals money from a business over a period of time while they are employed at the workplace
Tax evasion
An attempt to avoid paying the full amount of taxes due by, among other things, concealing or underestimating a person or business’s income or assets
Insider trading
When a person illegally trades on the share market to their own advantage using confidential information
Fraud
Deceitful or dishonest conduct carried out for personal gain
affray
Using or threatening to use violence on another that would cause a reasonable person present at the scene to fear for their safety
Riot
Similar to affray, but with 12 or more people using or threatening to use unlawful violence for a common purpose
Attempt
An offence where a principal crime was attempted but failed or was prevented for some reason despite the intention to complete it
Conspiracy
When two or more people plot to commit a crime together
Summary offence
A less severe offence that is heard and sentenced by a magistrate in a Local Court
Indictable offence
A more severe offence that is heard and sentenced by a judge in a District Court or tried before a judge and jury
Principal in the first degree
This is the principal offender, or the person who actually commits the criminal act.
Principal in the second degree
This is a person who was present at the crime and assisted or encouraged the principal offender to perform the offence.
Accessory before the fact
a person who has helped in planning or preparation before the actual act is carried out.
Accessory after the fact
This is someone who has assisted the principal after the actual act is committed, such as by driving a getaway car or disposing of evidence.
Criminology
The scientific study of crime and criminal behaviour
investigate
For the police, carrying out research to discover evidence and examine the facts surrounding an alleged criminal incident
Arrest
To seize a person by legal authority and take them into custody
Interrogate
To formally question a suspect in relation to an alleged crime
Evidence
Information used to support facts in a legal investigation or admissible as testimony in court
Search and seizure
The power to search a person and/or their possessions and seize and detain items that are discovered
Reasonable force
Such force as is reasonably necessary for the officer to perform the function; the officer must honestly believe that it was justified and not excessive
Warrant
A legal document issued by a magistrate or judge authorising an officer to perform a particular act, such as make an arrest, conduct a search, seize property or use a phone tap
In situ
A Latin term meaning ‘in the place’; used to describe the place in which a piece of evidence is found or situated
Inadmissible evidence
Evidence that cannot be considered by a judge or jury in court (for example, confessions that were obtained by force)
DNA evidence
Genetic material (such as hair, blood and saliva) that can be used to link a suspect with a crime scene or criminal offence, or to clear a suspect
Interrogation
The act or process of questioning a suspect, carried out by the investigating officers
caution
A statement issued by police to a suspect when they are detained to inform the suspect of their rights
Court attendance notice
a legal document that states when and where a person must appear in court and the charge to which they must answer
subpoena
a legal document issued by a court, requiring a person to attend and give evidence and/or to produce specified documents to the court
bail
the temporary release of an accused person awaiting trial, sometimes on particular conditions such as lodgement of a sum of money as a guarantee
surety
In bail, where another person agrees to provide a financial guarantee that the accused will return to the court for trial in exchange for the accused’s release until that date
remand
a period spent in custody awaiting trial
appeal
an application to have a higher court review a decision of a lower court
court hierarchy
the system of courts within a jurisdiction, from lower courts to intermediate and higher courts
original jurisdiction
the authority for a court to hear a matter for the first time
appellate jurisdiction
The authority for a court to review matters on appeal from another court
committal proceedings
proceedings in which a magistrate determines if there is enough evidence for a case to proceed to trial in a higher court
magistrate
a judicial officer in the Local Court; in New South Wales they are appointed by the Governor
coroner
a judicial officer appointed to investigate deaths in unusual circumstances
coronial inquest
a court hearing conducted by a coroner to help determine the manner and cause of death
adversary system
a system of law where two opposing sides present their cases to an impartial judge or jury
inquisitorial system
a system of law where two sides present their cases to a judge who directs the cases and can call for particular evidence
police prosecutor
a NSW Police Force officer trained in prosecution, usually used to prosecute summary offences
public prosecutor
a legal practitioner employed by the Director of Public Prosecutions, usually used to prosecute indictable offences
public defender
a public barrister who can appear for an accused in a serious criminal matter where legal aid has been granted
legal aid
a subsidised legal service provided by the state for those on low incomes
plea
a formal statement of guilt or innocence by the accused
charge negotiation
an agreement between the DPP and the accused that involves the acceptance of a guilty plea, usually in exchange for something else
Burden of proof
in criminal matters, the responsibility of the prosecution to prove the case against the accused
standard of proof
The level of proof required for a party to succeed in court
beyond reasonable doubt
the standard of proof required in a criminal case for a person to be found guilty
acquittal
a judgement that a person is not guilty of the crime with which they have been charged
mental illness or insanity
mental incapacitation at the time of the act, meaning the accused cannot have formed the mens rea at the time of the offence
involuntary behaviour or automatism
an act that cannot be controlled or is not voluntary, such as an epileptic fit
self-defence or necessity
the defendant acted in defence of self, another or property; only accepted in limited circumstances and only for reasonable force
duress
coercion or pressure used by one party to influence another party
consent
it is a complete defence for some crimes if the accused can show the victim freely consented to the act in question
provocation
the defence where the defendant claims that their actions were a direct result of another person’s actions, which caused them to lose control of their own actions
diminished responsibility
also known as substantial impairment of responsibility, this defence is used when the accused is suffering from a mental impairment
peremptory challenge
when the legal team rejects a juror without needing to provide a specific reason
challenge for cause
when the legal team rejects a juror because they believe that for some reason the juror will be prejudiced
sentencing hearing
a hearing following a finding of guilt in which a magistrate or judge will determine the sentence to be given to the accused
maximum penalty
set by parliament, this is the maximum sentence available to a court to impose for an offence; the maximum penalty is rarely handed down
judicial discretion
the power of a judge or magistrate to make a decision within a range of possibilities based on the particular circumstances of a case
guideline judgement
a judgement issued by the court, on the application of the Attorney-General, that will set out sentencing guidelines for a particular offence
mandatory sentencing
removal of judicial discretion by legislation, by setting a minimum or mandatory sentence for a particular offence or type of offender
deterrent
something that discourages or is intended to discourage someone from doing something
specific deterrence
punishment against an individual offender aiming to deter them from committing crime in the future
general deterrence
punishment attempting to make an example of an offender in order to send a message to the rest of the community
retribution
punishment considered to be morally right or deserved because of the nature of the crime
rehabilitation
an objective of sentencing designed to reform the offender so that they do not commit offences in the future
recidivism
habitual or repeated acts of criminal behaviour after having undergone treatment or punishment to deter such behaviour
incapacitation
making an offender incapable of committing further offences by restricting their freedom
aggravating factor
a circumstance that makes the offence more serious; it can lead to an increased sentence
mitigating factor
a circumstance that makes the offence less severe; it can lead to a reduced sentence
victim impact statement
a statement written by the victim or victim’s family about the impact the crime has had on them, heard at the time of sentencing
gratuitous violence
excessive violence carried out without reason, cause or excuse
appellant
in an appeal case, the party who is making the appeal
appeal against conviction
an appeal where the appellant (the defendant) argues that they did not commit the offence of which they were found guilty
sentence appeal
an appeal against the severity or leniency of a sentence
caution
a formal warning without charge issued by police for less serious offences
criminal infringement notice
a notice issued by the police outside of court alleging a criminal infringement and requiring payment of a fine
fine
a monetary penalty imposed for infringement of a law
penalty unit
a specified unit of money used in legislation to describe the fine payable; currently $110 in New South Wales
proceeds of crime
assets (money or property) obtained by an offender through their criminal activities
forfeit
(also known as forfeiture) loss of rights to property or assets as a penalty for wrongdoing
bond
a compulsory condition imposed on an offender for a period of time, which the offender undertakes to comply with
probation
a type of good behaviour bond where the offender is released on condition of good behaviour but placed under some form of supervision, such as daily reporting to a probation officer
suspended sentence
a sentence of imprisonment imposed but suspended on condition of good behaviour
community service order
A penalty where the offender is sentenced to serve specified hours of work in the community
correctional centre
commonly known as a prison – an institution where offenders are held in custody for the period of their imprisonment
home detention
an imprisonment sentence where the offender is confined to their home under certain conditions of monitoring
non-parole period
a period of imprisonment during which parole cannot be granted
parole
release of a prisoner before the expiry of an imprisonment term, temporarily or permanently, on the promise of good behaviour
Intensive Correction Order (ICO)
an alternative to a custodial sentence where an offender has restricted movement and must attend a rehabilitation program
diversionary program
an alternative to the traditional court system that focuses on the rehabilitation of offenders
circle sentencing
a form of sentencing for some adult Indigenous offenders where sentencing is conducted in a circle made up of local community members and a magistrate
restorative justice
a form of sentencing involving a voluntary conference between the offender and the victim of the crime
preventive detention
keeping a person in custody, even though they have not committed any offence, to prevent some future harm that they may commit
continued detention
ongoing detention of a person who has already served the full sentence for their offence
juvenile justice
the area of law and policy concerned with young people and the criminal justice system
doli incapax
a Latin term meaning ‘incapable of wrong’; the presumption that children under a certain age cannot be held legally responsible for their actions and so cannot be guilty of an offence
rebuttable presumption
a legal presumption in favour of one party – it can be rebutted by the other party if they can show sufficient evidence to disprove it
conclusive presumption
a legal presumption in favour of one party that is final and cannot be rebutted by the other party
right to silence
the right of a person to refuse to answer any question put to them by the police
interview friend
a parent, guardian, friend or legal representative present at the police interview of a minor; the interview friend’s role is to offer support and witness that statements are made voluntarily
youth justice conference
a measure under the Young Offenders Act 1997 (NSW) to divert young offenders from the court system through a conference that addresses the offender’s behaviour in a more holistic manner
control order
similar to an adult sentence of imprisonment, except served in a Juvenile Justice Centre
Juvenile Justice Centre
a detention centre housing young offenders subject to control orders
grave adult behaviour
where a young offender has acted like an adult in committing the offence, in terms of the seriousness of the offence and other factors surrounding the behaviour, such as premeditation
warning
a notice given to a young offender (usually for a first minor offence) that is recorded by police but with no conditions attached; the offender must be told of the nature, purpose and effect of the warning
caution
a formal, recorded alternative to prosecution where the young offender admits to the offence and consents to receiving a formal police caution; it can later be taken into account in the Children’s Court, but not in an adult court
state sovereignty
The authority of an independent state to govern itself (for example, to make and apply laws; impose and collect taxes; make war and peace; and form treaties with foreign states)
crime against the international community
a most serious crime, of concern to the international community as a whole, and recognised by the international community as requiring punishment
transnational crime
crime that occurs across international borders, either in origin or effect
international crime
a broad term covering any crime that is punishable by a state, but that has international origin or consequences, or a crime recognised by the international community as punishable
genocide
the deliberate extermination of a national, ethnic, racial or religious group
universal jurisdiction
where a state claims a right to prosecute a person for actions committed in another state, based on the common international opinion that the alleged crime is so serious that normal laws of criminal jurisdiction do not apply
International Criminal Court (ICC)
an independent international court established by the Rome Statute in July 2002 to prosecute and try international crimes of the most serious nature
Rome Statute
the Rome Statute of the International Criminal Court; the international treaty that established the International Criminal Court
crime against humanity
described in the Rome Statue as an act ‘committed as part of a widespread or systematic attack directed against any civilian population’
war crime
action carried out during a time of war that violates accepted international rules of war
Geneva Conventions
four treaties, with three extra protocols, that set the international law standards for the humane treatment of the victims of war, whether military or civilian
Australian Federal Police (AFP)
Australia’s Commonwealth police force, established to uphold Commonwealth criminal law and to guard Australia’s interests from crime both in Australia and internationally
Peacekeeping
The activity of creating conditions for sustainable peace in countries affected by conflict, through the use of force, quite often provided by a number of countries and consisting of soldiers, civilian police and civilian personnel
Extradition
The legal surrender of a suspect or convicted criminal by one jurisdiction to another to face criminal charges or sentence
Bilateral agreement
An agreement between two countries
International Criminal Police Organization (INTERPOL)
The world’s largest international police organisation, established in 1923 to facilitate collaboration among intelligence agencies around the world
