Crime - Nature of Flashcards
a crime is…
any act or omission that results in harm to society and is punishable by the state
Elements of Crime
Actus Reus: the accused committed the crime
Mens Rea: the accused intended to commit the crime
Causation: there is a link between the crime and the act
*Strict Liability Offences = no need to prove Mens Re
Categories of Crime
- Offences Against the Person
- Offences Against the Sovereign
- Economic Offences
- Driving Offences
- Public Order Offences
- Preliminary Crimes
Categories of Crime
Offences against the person.
Injury is caused to the victim.
- Homicide - murder, manslaughter, death by dangerous driving, infanticide.
Assault
- Sex Offences
Categories of Crime
Offences against the sovereign
Serious crimes.
- Treason - betraying your country by attempting to kill/overthrow the PM or sovereign.
- Sedition - promoting discontent and hatred against the government. e.g. anti-terrorism laws
Categories of Crime
Economic Offences
Covers wide range of crimes resulting in loss or damage to another’s property like fraud, robbery, and breaking + entering.
- White collar + computer crimes - tax evasion, insider trading, digital piracy,
- Includes drug distribution - trafficking, selling + possession
Categories of Crime
Driving Offences
- Local Court (most resource efficient)
- Usually fall under strict liability offences but if death is involved strict liability offences are not applicable
Categories of Crime
Public Order Offences
Disrupts activities of society. e.g. indecent behaviour, graffiti, littering
ISSUE - over-policed and has a disproportionate effect on young peoples and indigenous Australians. this may lead to people becoming criminalised for minor conduct
Categories of Crime
Preliminary Crimes
Committed in planning to/before committing a crime
- Attempt to Commit a Crime
- Conspiracy - common law; two or more people agree to commit a crime
Offence Types and Parties to Crime
Summary and Indictable Offences
Indictable
* serious criminal matters
* process of charge certification by a senior prosecutor and mandatory case conferencing
Summary
* less serious/minor matters
* usually fines
* dealt w/ by magistrate in Local Court
Offence Types and Parties to a Crime
Parties to a Crime
The level of responsibility held by each party determines the level of punishment
* Principal in the First Degree
* Principal in the Second Degree
* Accessory Before the Fact
* Accessory After the Fact
Offence Types and Parties to a Crime
Principal in the First and Second Degree
First Degree
* the perpetrator
* likely to receive highest sentence
Second Degree
* person who assits others in the commission
* present during the crime but not main participant
* ‘accessory’
Offence Types and Parties to a Crime
Accessory Before and After the Fact
Before
* helps others commit the crime like planning/preparing the act
* no present
After
* helps commit the crime after
* not present during
* not aware of it beforehand
* only recognised for seriosu crimes like murder
* lesser punishment
Offence Types and Parties to Crime
Factors Affecting Criminal Behaviour
- Self Interest and Greed
- Political Reasons
- Poverty and Unemployment
- Differential Association - more likely to commit crim eif surrounded by criminals
- Genetic Theories
Offence Types and Parties to Crime
Crime Prevention: Situational and Social
- Social crime is more desirable but usually more costly and difficult to achieve
Situational
* more difficult to commit criminal acts by increasing risk of being caught.
Social
* attempts to reduce the factors likely to cause a person to commit a crime
* diversionary programs and rehabilitation programs
