Crime-Nature of crime Flashcards
define crime
An act or omission committed against the community at large that is punishable by the state (public law)
define criminal law
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
define actus rues
Guilty act
define mens rea
Guilty mind
what are the 3 types of mens rea
- Intention
- Recklessness
3.Criminal negligence
define Intention
A clear, malicious or wilful intention to commit the crime
define Recklessness
The accused was aware that their actions could lead to a crime but chose to take that risk any ways
define criminal negligence
Where the accused fails to for see the risk where they should have and so allows for the avoidable danger to manifest
define causation
That there is sufficient casual link between the actions of the accused and the result of the crime.
define strict liability offences
An offence where mens rea does not have to be proved, only actus reas.
e.g Speeding, selling alcohol to minors, traffic offences
define summary offence
A less serious offence tried by a magistrate in the local courts
define indictable offences
A serious offence such as murder or rape, tried by a judge and/or jury
What are the 8 types of offences? and their sub-offences?
- 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
what are the 4 parties to a crime
1.principal in the first degree
2.principal in the second degree
3.accessory before the fact
4.accessory after the fact
what are the 6 factors affecting criminal behaviour
1.phycological factors
2.social factors
3.economic factors
4.genetic factors
5.political factors
6.self intrest
Homicide
Crimes which result in the death of an individual
Murder
Killing a person with complete intention to do so
Manslaughter
Killing a person with less intention to do so
Voluntary manslaughter
Mens rea is reckless
Involuntary manslaughter
Mens rea is negligence
Constructive
Causing the death of a person as a result of committing a different crime
Infanticide
Killing a child under the age of 12 months
Assault
Causing harm to another person (physical or mental)
Death by reckless driving
Causing the death of a person as a result of driving dangerously
Sexual assault
Forcing another person into sexual intercourse
Aggravated sexual assault in company
Sexual assault in as a group
Treason
Imposing war against the state, assisting the enemy or causing harm to a head of state, taken to the Supreme court.
Sedition
Promoting hate against the government
Property offences
Offences that involve breach of property protection laws.
Larceny
Generally called shoplifting, taking another person’s property without consent/without intention to return it.
Robbery
Generally called mugging, taking property directly from the victim.
Break and Enter
Entering a home/private property with intention to commit a crime.
White collar crimes
Non-violent crimes associated with professionals or business people.
Tax evasion
Avoiding paying full tax.
Embezzlement
Taking money from the place you work at.
Insider trading
Sharing or using confidential information for your own benefit.
Computer offences
Crimes related to computers.
Drug Trafficking
Moving illicit substances from one area to another. (most severe punishment from drug offences)
Suppliers/cultivators
Supply/provide illicit substances.
Use/possession
Take or consume illicit substances.
Speeding
Going over the speed limit.
Drink driving
Driving with a BAC above the legal limit
Negligent driving
Driving carelessly/without paying sufficient attention
Offensive conduct
Being inappropriate in public. (e.g. streaking, yelling)
Obstructing traffic
Interrupting the flow of traffic
Affray
Less than 12 people who make the public feel unsafe through threats and violence
Bomb hoaxes
Lying about having a bomb
Attempts
Failing to commit a crime
Conspiracy
Plotting to commit a crime with one or more people
Situational crime prevention
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
Social crime prevention
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
Principle in the first degree
person who actually commits the crime
e.g. armed bank robber that takes money
Principle in the second degree
Person present at crime and assists/encourages the principal offender
e.g. look out
Accessory before the fact
Someone who helped plan/carry out the crime
Accessory after the fact
Someone who assists the principal after the act is committed
e.g. hide the principal offender
Factors affecting criminal behaviour
1.Phycological
2.Social
3.Economic
4.Genetic
5.Political
6.Self-interest
Phycological factors
Forms of mental illness that affects the persons behaviour (mens rea)
Social factors
Family/social influences
e.g. parents who manufacture drugs
Economical factors
People from disadvantaged backgrounds
Genetic factors
There may be DNA that can predict criminal behaviour
Political factors
Crimes against state or public order offences that are politically motivated
Self-interest factors
Driven by greed
e.g. White collar crimes
