Introduction to Crime concepts Flashcards
What constitutes a crime, and what are the two types of actions that can be considered criminal?
How does the law determine something as a crime?
Why are crimes considered harmful to communities and societies beyond just individual victims?
-A crime is an act (something done) or
omission (something not done) that is
against the law and punishable upon
conviction.
- Something is a crime if declared as such by
statute or by common law.
-Broken window theory - unlawful acts are unlawful due to the need to protect the public or state against these acts.
What are the five main objectives of criminal law?
How does incapacitation differ from deterrence as an objective of criminal law?
Retribution – criminals ought to suffer in
some way.
Deterrence – individual deterrence is
aimed toward the specific offender.
Incapacitation – to keep criminals away
from society in order to protect the public.
Rehabilitation – aims at transforming an
offender into a valuable member of society.
Restoration – to repair any injury inflicted
upon the victim by the offender.
What is the primary aim of the American Model Penal Code?
How does the American Model Penal Code propose to differentiate between serious and minor offences?
To forbid and prevent conduct that
unjustifiably and inexcusably inflicts or
threatens substantial harm to individual or
public interests.
To subject to public control persons whose
conduct indicates that they are disposed to
commit crimes.
To safeguard conduct that is without fault
from condemnation as criminal.
To give fair warning of the nature of the
conduct declared to be an offence.
To differentiate on reasonable grounds
between serious and minor offences.
What are the four essential elements required to establish a crime?
Explain the term “concurrence” in the context of criminal law.
Elements of Crime
Actus Reus – guilty act (conduct)
Mens Rea – guilty mind (intent)
Concurrence – actus reus and mens rea
must occur at the same time
Causation – the guilty act must result in
actual harm
List at least three types of crimes against property.
What distinguishes crimes against the public from crimes against the person?
Crimes against the person, e.g. assault,
battery, false imprisonment, harassment,
intimidation, manslaughter, murder.
Sexual offences, e.g. incest, obscenity,
rape, sexual assault.
Crimes against property, e.g. arson,
burglary, criminal damage, fraud, robbery,
theft.
Crimes against justice, e.g. perjury,
perverting the course of justice.
Crimes against the public, e.g. terrorism,
riot, obstruction of highways.
Crimes against animals, e.g. animal fight,
cruelty to animals.Crimes against the state, e.g. treason,
espionage.
Participatory offences, e.g. accomplice,
joint enterprise, inchoate offence.
What are the key differences between a summary trial and a trial on indictment?
Under what conditions might a case be considered triable either way?
Summary Trial
It takes place in a magistrates’ court.
It is a quicker and less expensive
alternative to a full trial.
It works best when the defendant agrees on
the facts but disagrees on what the result
should be based on those facts.
Evidence is provided to the judge in the
form of affidavit which is a written
statement sworn to be true from an
individual.
The judge will review the affidavits and
will make a final order based on the
information.
Trial on Indictment
It takes place in the Crown Court.
The defendant is tried before a judge and a
jury.
An indictment is the formal document
outlining a specified indictable offence.
It is more time-consuming and expensive,
so it is reserved for more serious crimes.
Triable Either Way
It is a trial of summary or indictable
offences.
A criminal offence that can be heard in the
magistrates’ or Crown Court.
If the magistrates decide their sentencing
powers are sufficient to deal with the
offence, the defendant may elect to have it
dealt with summarily in the magistrates,
court or on indictment (trial by jury) in the
Crown Court.
Explain the difference between undercharging and overcharging in criminal prosecution.
Why might a prosecutor choose to undercharge a suspect?
Why can both of these be problematic.
It is a formal allegation made by the
prosecution against a person accused of
having committed a specific criminal
offence.
Undercharging – it refers to a situation
where the prosecutor charges a suspect with
a criminal offence that is less severe or
carries a lower penalty than the crime he
has allegedly committed. It happens mostly
because the prosecutor does not have
sufficient evidence to support a moreserious charge. Undercharge is easier to
prove and may encourage a guilty plea. The
prosecution of summary trial is less costly
and more efficient because it may enable
the case to be heard summarily rather than
on indictment. However, it may lead to a
situation where a suspect faces inadequate
legal consequences for his actions,
potentially resulting in an unjust outcome
and undermining public confidence in the
criminal justice system.
Overcharging – it refers to a situation
where the prosecutor charges a suspect with
a criminal offence that is more serious or
carries a higher penalty than the crime he
has allegedly committed. It happens mostly
because the prosecutor misinterprets the
evidence or wants to exert pressure on the
suspect. Facing the prospect of severe
charges, the suspect may be more inclined
to negotiate a plea bargain for lesser
charges, even if he believes he is innocent.
Overcharging can be problematic because it
can lead to inflated penalties, wrongful
convictions, undermining public
confidence in the criminal justice system.
Defendants may be unfairly punished for
crimes they did not commit or for actions
that do not merit such severe consequences.
On what grounds can a decision from the Crown Court be appealed?
What is the role of the Supreme Court in the appeals process?
Appeal
If the judge makes a mistake in directing
the jury or applies the wrong law or
principle, this can be appealed on the
ground of misdirection.
Appeals from the Crown Court are heard
by the Court of Appeal (criminal division).
Appeals from the Court of Appeal are heard
by the Supreme Court.
How have common law offences evolved into the modern criminal law system?
Why is codification of criminal law important, and what has been its impact on common law offences?
Criminal law derives from traditional
common law of crimes, so it was once
judge-made law, known as common law
offences.
However, the majority of criminal offences
have now been codified in statute as
statutory offences.
Those that were not codified in statute have
largely been abolished but some of them
are still effective.
Common law offences were seen as
unacceptably vague and open to
development by the courts in ways that
might create certainty.
The Law Commission is an independent
body set up by Parliament to keep the law
under review and to recommend reforms.
Its codification of criminal law aims to
abolish all the remaining common law
offences and replacing them with offences
What is the principle of minimal criminalisation, and why is it significant?
Explain the principle of fair labelling in criminal law.
Double jeoprady, presumption of innocence, proportionality, certainty?
Principle of minimal criminalisation –
Conduct should be criminalised only when
absolutely necessary. Only offences that are
seriously enough should be criminalised,
rather than trivial ones.
-Principle of proportionality – punishment
for a given crime should be proportional to
and reflect the seriousness of the crime.
Principle of fair labelling – the description
of the offence should match the
wrongdoing and reflect distinctions in the
nature and seriousness of the crime.
Principle of certainty – the law must be
clear, precise and unambiguous so that its
legal implications can be foreseeable.
Presumption of innocence – every
defendant is presumed innocent until
proven guilty by the prosecution beyond a
reasonable doubt.
Double jeopardy – a person should not be
tried twice for the same offence after being
acquitted or convicted.
What is required to establish criminal liability?
Describe two defences against criminal liability and under what circumstances they may apply.
Mens Rea – it is the mental element of a
person’s intention to commit a crime (i.e.
guilty mind, criminal intent).
Actus Reus – it is the external element of a
person’s unlawful conduct or omission of
an act (i.e. guilty act, criminal act).
Concurrence – mens rea and actus reus
must occur simultaneously to constitute a
crime, except for crimes of strict liability
where only actus reus is enough to impute
guilt.
Causation – the actus reus must
proximately cause actual harm, except for
inchoate offense where the criminal attempt
is not complete but actual harm would be resulted upon completion.
