legal crime Flashcards
define crime
an act or omission against the community that is punishable by state
define actus reus
physical act of a crime
define mens rea
Mental element of crime: intention, negligence, recklessness
define strict liability and example
no mens rea element only actus reus, needs to be proven e.g speeding, selling alcohol to minors
categories of crime (7)
Offenses against the person Offenses against the sovereign Economic offense Drug offense Driving offense Public order Preliminary
define economic offense
causing loss of property or money e.g fraud
Define preliminary offense
attempt or conspiracy to commit crime has to be agreed upon by people e.g attempted murder
define summary offense and example
Less serious, penalty cannot exceed two years
magistrate determines sentence and verdict heard in local court
example: offensive conduct
define indictable offense and example
More serious heard in district or supreme court Verdict decided by a jury sentence by judge NO cases go straight to high court example: sexual assault, armed robbery
define principal in the first degree
main offender who commits crime (can be more than one)
define principal in the second degree
A person present at the crime who encourages main offender
define accessory before the fact
Not present at the crime who helps in planning or preparation
define accessory after the fact
a person who assists main offender after the crime
List factors affecting criminal behaviour (6)
Psychological Social Economic Political Self-interest Genetic
what factors effected bob: he was raised in poverty with mistrust of Governement, possibly bipolar, he was driving and tried to hit a police officer
Psychological, social, political, self-interest
define situational crime prevention and example
Structure or design that make it more difficult to or less rewarding to commit crime
example: locks, fences, dye tags on clothing
define social crime prevention and example
programs that address underlying factors causing crime such as the economic advantage
example: Youth programs, investment in education
Act that is: evidence must be obtained in a lawful and proper way or evidence is inadmissable
Evidence Act 1995 NSW
Search and siezure powers of arrest detention and interrogation and search are granted by:
Law enforcement (Powers and Responsibilities) Act 2002 NSW- LEPRA
Law enforcement (powers and responsibilieties) act 2002 NSW- LEPRA function?
Powers of search and seizure
Arrest
Detention and interrogation
When can police search premises
Warrant
arrest
Reasonable suspicion
Under LEPRA
Suspects rights search and seizure
police need warrant
police must state name, station and reason for search
must provide privacy as far as reasonably possible
Search and seizure example case
for and against
R v Vincent stanford under lepra they found bra and car boot lining of Stephanie scott
Police discression too broad: “Police had no idea about strip search laws watchfog finds” (May 2020 SMH)
define compliance
following of the law
For and against compliance
for: police gather evidence- secure convictions - offender punished= others more likely to comply
Against: Abuse of power e.g strip search non-compliance with LEPRA
Define arrest
power to sieze a person by legal authority and take them into custody granted by LEPRA
When can police arrest
With a warrant
“Suspect on reasonable grounds” a person is about to commit a crime or in process of committing crime or has already committed a crime
suspect rights to arrest
police must state name, station and reason for arrest
reasonable force used
Arrest = last resort
Act granting power of arrest
For and example
Against and example
Law enforcement (powers and responsibilities) act 2002 NSW. For: Helps to incapacitate violent offenders, enables charges to be laid, secure evidence/ conviction, upholds society and victims rights to safety and retribution example R v Vincent Stanford 2016 against: Police discretion too broad= abuse of power example: "family want the constable to be charged over aboriginal boys arrest" June 2020 SMH
