legal crime

Question 1

define crime

Answer 1

an act or omission against the community that is punishable by state

Question 2

define actus reus

Answer 2

physical act of a crime

Question 3

define mens rea

Answer 3

Mental element of crime: intention, negligence, recklessness

Question 4

define strict liability and example

Answer 4

no mens rea element only actus reus, needs to be proven e.g speeding, selling alcohol to minors

Question 5

categories of crime (7)

Answer 5

Offenses against the person 
Offenses against the sovereign 
Economic offense 
Drug offense 
Driving offense
Public order 
Preliminary

Question 6

define economic offense

Answer 6

causing loss of property or money e.g fraud

Question 7

Define preliminary offense

Answer 7

attempt or conspiracy to commit crime has to be agreed upon by people e.g attempted murder

Question 8

define summary offense and example

Answer 8

Less serious, penalty cannot exceed two years
magistrate determines sentence and verdict heard in local court
example: offensive conduct

Question 9

define indictable offense and example

Answer 9

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

Question 10

define principal in the first degree

Answer 10

main offender who commits crime (can be more than one)

Question 11

define principal in the second degree

Answer 11

A person present at the crime who encourages main offender

Question 12

define accessory before the fact

Answer 12

Not present at the crime who helps in planning or preparation

Question 13

define accessory after the fact

Answer 13

a person who assists main offender after the crime

Question 14

List factors affecting criminal behaviour (6)

Answer 14

Psychological
Social
Economic 
Political 
Self-interest 
Genetic

Question 15

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

Answer 15

Psychological, social, political, self-interest

Question 16

define situational crime prevention and example

Answer 16

Structure or design that make it more difficult to or less rewarding to commit crime
example: locks, fences, dye tags on clothing

Question 17

define social crime prevention and example

Answer 17

programs that address underlying factors causing crime such as the economic advantage
example: Youth programs, investment in education

Question 18

Act that is: evidence must be obtained in a lawful and proper way or evidence is inadmissable

Answer 18

Evidence Act 1995 NSW

Question 19

Search and siezure powers of arrest detention and interrogation and search are granted by:

Answer 19

Law enforcement (Powers and Responsibilities) Act 2002 NSW- LEPRA

Question 20

Law enforcement (powers and responsibilieties) act 2002 NSW- LEPRA function?

Answer 20

Powers of search and seizure
Arrest
Detention and interrogation

Question 21

When can police search premises

Answer 21

Warrant
arrest
Reasonable suspicion
Under LEPRA

Question 22

Suspects rights search and seizure

Answer 22

police need warrant
police must state name, station and reason for search
must provide privacy as far as reasonably possible

Question 23

Search and seizure example case

for and against

Answer 23

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)

Question 24

define compliance

Answer 24

following of the law

Question 25

For and against compliance

Answer 25

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

Question 26

Define arrest

Answer 26

power to sieze a person by legal authority and take them into custody granted by LEPRA

Question 27

When can police arrest

Answer 27

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

Question 28

suspect rights to arrest

Answer 28

police must state name, station and reason for arrest
reasonable force used
Arrest = last resort

Question 29

Act granting power of arrest
For and example
Against and example

Answer 29

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