Defining criminal behaviour Flashcards
what is the two ways in which crime can be defined?
socially and legally
what is the Two features of a crime that need to be present?
Actus reus and mens rea
what does actus reus mean?
guilty act
what does mens rea mean?
guilty mind
what are the two exceptions to the rule of mens rea?
self defence and strict liability
what is self defence and how can it be used as a defence in court?
self defence can be used as a partial defence in court. it can be used when there is deliberate intention to harm someone (Mens rea) and a physical assault (actus reus), however it is not a crime if force was reasonable in the given situation.
what is strict liability?
This occurs in cases were mens rea is not required as the wrongful act on its own is enough to convict someone. For example, if a factory owner is negligent and fails to safeguard dangerous machinery, they are liable for any injuries workers get from this, even if the owner had no intention to harm them.
how are crimes define socially?
crimes are socially defined through the following aspects differing views:
As the public often have different views of what acts are really criminal, compared with legal definitions from law-enforcement.
as not all criminal laws are enforced because they are not a priority for police.
law making, as not all acts that people believe ought to be made into crimes have laws passed against them, which actions get made illegal often depends on who has the power to influence lawmakers such as the media campaigning pressure groups or big businesses
