criminaility-LO1 Flashcards
.legal definiton/ Criminal act =
any action that is forbidden by criminal law
what are the two elements the act must have ?
Actus Reus= Latin for “guilty act”
. Men’s Rea= Latin for “guilty mind
what is the first exception to this 2 element rule ?
Strict liability= sometimes “men Rea” is not required- the act is enough to convict someone
example of strict liability ?
many health and safety laws operate on this basis- a factory worker who is negligent and fails to safeguard dangerous machinery is liable is anything happens to the workers.
whats the 2nd exception to the 2 elements rule ?
Self-defence= the law permits individuals to defend themselves or others from harm, if it is reasonable for the circumstance
.assaulting someone with the deliberate intention of harm (men’s rea) is usually a criminal act. However, if it is done in self-defence, it is not a crime, if the force used was reasonable in the situation
social definiton= criminal act=
The public often have differing views of what acts are “really” crimes, as compared with the legal definition of crime
. Some examples include= fare dodging, users of soft drugs ext.
what are the 5 sanctions against criminality ?
1) Custodial sentence
2) community sentences
3) Fines
4) Discharge
5) Cautions
.
whats a custodial sentence ?
Serious offences can be punished by custodial sentences= imprisonment or detention in young offender’s institutions
. Sentencing can be between a few days up to life imprisonment
. prisoners serving life sentence are usually eligible to apply for parole after 15 years
Whats a community sentence ?
These are served in the community rather than in jail
give examples of community sentences ?
These include= probation orders, restrictions such as curfews, anger management courses, mandatory drug testing
what are fines ?
financial penalties for the offender
what are fines dependant on ?
size depends on the seriousness of offence/ whether it’s a repeat offence and offender ability to pay
whats discharge ?
A type of sentence imposed by the courts whereby no punishment is imposed
Normal cautions ?
Warnings that can be given by the police to anyone aged 10 or over for minor crimes
. They are intended for low-level first-time offending
. It can be used as evidence for bad character if you go to court for another crime.
explain the difference between conditional and unconditional discharge ?
Conditional discharge= the offender committing no further offence for a given period. If they commit an offence in this given period a sentence can be given for the original offence as well as the new one
Unconditional discharge= although defendant is technically guilty, but punishment is not given as it would be inappropriate if it was not classed as a conviction. Or going to court is seen as punishment enough
Conditional cautions ?
You must stick to certain rules and restrictions (such as going for treatment for drug abuse)
. If you break the conditions, you could be charged with a crime.
what are penalty notices ?
Penalty notices may be issued as an alternative to prosecution
. They are issued for minor crimes such as shoplifting or possession of cannabis
. You won’t get a conviction if you pay the penalty
what are the 2 types of offences and what do they mean ?
Summary offence= less serious offences- such as speeding- they are dealt with magistrates (95%)
Indictable offences= more serious offences- such as rape or murder- they are tried in the crown courts, as they can impose more severe punishment (5%)
