Lecture 2 Flashcards
Define crime and discuss how crime is constructed.
Crime is any act that breaks the law and is punishable by the state. It is socially constructed, meaning what is considered a crime changes across time, cultures, and legal systems based on social values and power structures.
Define and describe what criminal law is?
Criminal law defines offenses, sets punishments, and protects society by maintaining order. It includes laws against theft, assault, and murder, enforced by the government through courts and police.
Summary offences and Indictable offences.
Summary offences: Minor crimes (e.g., public intoxication) with lighter penalties, often handled quickly in lower courts.
Indictable offences: Serious crimes (e.g., murder) with harsher penalties, requiring formal trials in higher courts.
The criminal courts (vertical structure).
Courts are structured from lower to higher levels: Trial Courts handle minor cases, Superior Courts deal with serious crimes, Courts of Appeal review legal errors, and the Supreme Court makes final rulings.
Describe criminal justice process (6 stages).
investigation: Police gather evidence and identify suspects.
Arrest: Suspect is taken into custody.
Charges: Prosecutors decide on formal charges.
Trial: The court determines guilt or innocence.Sentencing:
Punishment is assigned if found guilty.
Corrections: Offender serves sentence (prison, probation, etc.).
Describe and analyse elements of crimes.
Actus reus (guilty act): The physical action of committing a crime.
Mens rea (guilty mind): The intent or knowledge of wrongdoing.
