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Legal studies > Crime-Nature of crime > Flashcards

Crime-Nature of crime Flashcards

1
Q

define crime

A

An act or omission committed against the community at large that is punishable by the state (public law)

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2
Q

define criminal law

A

Criminal law is a branch that defines and regulates offenses against society, prescribing punishments for individuals who violate established laws, protecting public order and safety.
e.g Murder,theft,assault,burglary,drug trafficking

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3
Q

define actus rues

A

Guilty act

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4
Q

define mens rea

A

Guilty mind

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5
Q

what are the 3 types of mens rea

A
  1. Intention
  2. Recklessness
    3.Criminal negligence
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6
Q

define Intention

A

A clear, malicious or wilful intention to commit the crime

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7
Q

define Recklessness

A

The accused was aware that their actions could lead to a crime but chose to take that risk any ways

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8
Q

define criminal negligence

A

Where the accused fails to for see the risk where they should have and so allows for the avoidable danger to manifest

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9
Q

define causation

A

That there is sufficient casual link between the actions of the accused and the result of the crime.

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10
Q

define strict liability offences

A

An offence where mens rea does not have to be proved, only actus reas.
e.g Speeding, selling alcohol to minors, traffic offences

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11
Q

define summary offence

A

A less serious offence tried by a magistrate in the local courts

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12
Q

define indictable offences

A

A serious offence such as murder or rape, tried by a judge and/or jury

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13
Q

What are the 8 types of offences? and their sub-offences?

A
  1. Offences against a person
    -Homicide
    ->Murder
    ->Manslaughter
    ->Infanticide
    ->Death by reckless driving
    -Assault
    -Sexual assault
    2.Offences against the sovereign
    -Treason
    -Sedition
    3.Economic offences
    -Property offences
    ->Larceny
    ->Robbery
    ->Break and enter
    -White collar crimes
    ->Embezzlement
    ->Tax evasion
    ->Insider trading
    -Computer offences
    4.Drug offences
    -Trafficking
    -Suppliers/cultivators
    -Use/possession
    5.Driving offences
    -Speeding
    -Drink driving
    -Negligent driving
    6.Public disorder offences
    -Offensive conduct
    -Obstructing traffic
    -Affray
    -Bomb hoaxes
    7.Preliminary offences
    -Attempts
    -Conspiracy
    8.Regulatory offences
    -Breach water restrictions
    -Fire restrictions
    -Public transport rules
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14
Q

what are the 4 parties to a crime

A

1.principal in the first degree
2.principal in the second degree
3.accessory before the fact
4.accessory after the fact

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15
Q

what are the 6 factors affecting criminal behaviour

A

1.phycological factors
2.social factors
3.economic factors
4.genetic factors
5.political factors
6.self intrest

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16
Q

Homicide

A

Crimes which result in the death of an individual

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17
Q

Murder

A

Killing a person with complete intention to do so

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18
Q

Manslaughter

A

Killing a person with less intention to do so

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19
Q

Voluntary manslaughter

A

Mens rea is reckless

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20
Q

Involuntary manslaughter

A

Mens rea is negligence

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21
Q

Constructive

A

Causing the death of a person as a result of committing a different crime

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22
Q

Infanticide

A

Killing a child under the age of 12 months

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23
Q

Assault

A

Causing harm to another person (physical or mental)

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23
Q

Death by reckless driving

A

Causing the death of a person as a result of driving dangerously

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24
Q

Sexual assault

A

Forcing another person into sexual intercourse

25
Q

Aggravated sexual assault in company

A

Sexual assault in as a group

26
Q

Treason

A

Imposing war against the state, assisting the enemy or causing harm to a head of state, taken to the Supreme court.

27
Q

Sedition

A

Promoting hate against the government

28
Q

Property offences

A

Offences that involve breach of property protection laws.

29
Q

Larceny

A

Generally called shoplifting, taking another person’s property without consent/without intention to return it.

30
Q

Robbery

A

Generally called mugging, taking property directly from the victim.

31
Q

Break and Enter

A

Entering a home/private property with intention to commit a crime.

32
Q

White collar crimes

A

Non-violent crimes associated with professionals or business people.

33
Q

Tax evasion

A

Avoiding paying full tax.

34
Q

Embezzlement

A

Taking money from the place you work at.

35
Q

Insider trading

A

Sharing or using confidential information for your own benefit.

36
Q

Computer offences

A

Crimes related to computers.

37
Q

Drug Trafficking

A

Moving illicit substances from one area to another. (most severe punishment from drug offences)

38
Q

Suppliers/cultivators

A

Supply/provide illicit substances.

39
Q

Use/possession

A

Take or consume illicit substances.

40
Q

Speeding

A

Going over the speed limit.

41
Q

Drink driving

A

Driving with a BAC above the legal limit

42
Q

Negligent driving

A

Driving carelessly/without paying sufficient attention

43
Q

Offensive conduct

A

Being inappropriate in public. (e.g. streaking, yelling)

44
Q

Obstructing traffic

A

Interrupting the flow of traffic

45
Q

Affray

A

Less than 12 people who make the public feel unsafe through threats and violence

46
Q

Bomb hoaxes

A

Lying about having a bomb

47
Q

Attempts

A

Failing to commit a crime

48
Q

Conspiracy

A

Plotting to commit a crime with one or more people

49
Q

Situational crime prevention

A

A criminological theory and approach to crime to prevent that focuses on modifying the environment to deter crime

e.g. Security cameras, Blue light in public toilets, Extra police officers/security

50
Q

Social crime prevention

A

Preventing crime by addressing it root causes through social and community based strategies

e.g. Youth off the streets, Neighbourhood watch programs, Community police initiatives

51
Q

Principle in the first degree

A

person who actually commits the crime

e.g. armed bank robber that takes money

52
Q

Principle in the second degree

A

Person present at crime and assists/encourages the principal offender

e.g. look out

53
Q

Accessory before the fact

A

Someone who helped plan/carry out the crime

54
Q

Accessory after the fact

A

Someone who assists the principal after the act is committed

e.g. hide the principal offender

55
Q

Factors affecting criminal behaviour

A

1.Phycological
2.Social
3.Economic
4.Genetic
5.Political
6.Self-interest

56
Q

Phycological factors

A

Forms of mental illness that affects the persons behaviour (mens rea)

57
Q

Social factors

A

Family/social influences

e.g. parents who manufacture drugs

58
Q

Economical factors

A

People from disadvantaged backgrounds

59
Q

Genetic factors

A

There may be DNA that can predict criminal behaviour

60
Q

Political factors

A

Crimes against state or public order offences that are politically motivated

61
Q

Self-interest factors

A

Driven by greed

e.g. White collar crimes

Legal studies (12 decks)

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