Crime - The nature of crime Flashcards
define crime
any conduct which violates the rights of the community at large and punishable by a recognised criminal sanction upon proof guild in a criminal proceeding
what are the 2 elements of a crime
actus reus and mens rea
what is mens rea
the offenders mental state - the intention to commit the crime - mens rea is proved if the person committing the criminal act did so with intention, negligence or recklessness
provide 2 situations where the act of the accused is said to have caused the death, even though there are other contributing factors
ordinary natural events
taking victims as they find them
what is actus reus
the offenders conduct - the wrongful act or omissions
important features of actus reus include:
- that the act/ omission actually took place
- that it was done by the accused person
- that it was voluntary
what is causation
the unbroken link between the offenders actions and the consequences - for a crime to have occurred, there must be a link between the act/ failure to act and the harm resulting or damage done
what is a strict liability offence
an offences where only actus reus has to be proven
what are the 6 categories of crime
- offences against the person,
- offences against the state,
- economic offences
- driving offences
- drug offences
- public order offences
- preliminary offences
define offences against the person and example
acts/ omissions which harm others
- homocide
- assault
- sex offences
define economic offences and example
overs a wide range of crimes resulting in loss or damage to ones property
- white collar crime eg. embezzlement, fraud, tax evasion
- computer crimes eg. scams, malicious software, identity theft and money laundering
- property offences
define drug offences and example
drug cultivation, importation, supply and trafficking and possession
define offences against the state and example
- treason
- sedition
- terrorism
define driving offences and example
speeding
- most traffic offences will fall under strict liability offences
define public order offences and example
Acts which occur in a public place and are seen as offensive or disruptive to the general population
Generally minor and include spitting, indecent exposure, using offensive language and graffiti
define preliminary offences and example
to commit a preliminary crime, is to try to commit an act or omission or plan to do so - it doesn’t matter if the crime was successful or not
what is needed for a partial defence to a crime
what is needed for a complete defence to a murder
- self defence
- insanity or mental illness
define summary offence
minor offences
- Those heard and decided by a magistrate without a jury
- These offences are relatively minor eg. driving offences, offensive behaviour
- Summary offences are heard by a magistrate in a local court
define indictable offence
Serious criminal offences and may be heard by a judge or a jury eg. murder, sexual assault and malicious wounding
what are the 4 parties to a crime
Principal in the first degree
Perpetrator → person who committed the crime
Principal in the second degree
Accomplice → person who was present/ assisted the principal in the first degree
Accessory before the fact
Person who knew about or helped plan the offence but was not there when it occurred
Accessory after the fact
The person/ persons who helped the principals after the crime was committed
what are the 5 factors affecting criminal behaviour
social, economic, genetic, political, self interest
what are the 2 types of crime prevention
social and situational
what is situational crime prevention
refers to creating situations where it is difficult for people to break the criminal law
what is social crime prevention
occurs through changing the factors which cause people to become criminals
