Legal topic 1 crime

Question 1

Psychological

Answer 1

There are four basic aspects of psychological theories of crime,
1. Failures in psychological development. Some people run into trouble because they didn’t develop, or grow, the way that others normally do.
2. Learned behaviors of aggression and violence.
3. Inherent personality traits
4. Relationship of criminality to mental illness.

Psychology focuses on the behavior of individual offenders and the forces that motivate individuals to engage in criminal or violent behavior.

Question 2

Social

Answer 2

‘An act that breaks the law in a particular society.’

Crimes occur when social controls fail within a society. We can also explore the idea of a ‘deviant act’. This is different to a crime, as it’s not illegal, but it still breaks the norms of society.

Question 3

Economic

Answer 3

(Financial crime) = illegal acts committed by an individual or a group of individuals to obtain a financial or professional advantage.

Question 4

Political

Answer 4

An act that is intended to cause detriment to a state or government.

Question 5

Genetic theories

Answer 5

Predispose individuals to commit crimes because genes code for physiological factors such as the structure and functioning of the nervous system and neurochemistry.

Question 6

Self interest

Answer 6

Individuals are strongly motivated to satisfy their needs and desires, particularly their short-term needs/desires. This provides substantial motivation for crime because crime is often the most expedient way to get what you want.

Provides substantial motivation for crime.

Question 7

Summary Offences

Answer 7

Minor criminal offenses that are heard in the Local Court in New South Wales. Maximum penalty for a single impose is 2 years imprisonment.

Crimes which can only be heard and decided by a magistrate in the magistrates court. = less serious crime than indictable offences.

Heard in the Local Court.

Question 8

Indictable offences

Answer 8

Serious offences that carry significant penalties and are heard in the Supreme Court or the District Court.

Examples:
1. Murder
2. Robbery
3. Sexual assault

Question 9

Age of criminal responsibility

Answer 9

A child under the age of 10 years old is considered incapable of crime.

Question 10

Doli Incapax

Answer 10

‘Incapable of wrong,’ a child aged between 10 and 13 years (inclusive) is presumed incapable of criminal intent, (according to the High Court case of RP v The Queen [2016] HCA 53.)

Question 11

Public Defender

Answer 11

A lawyer employed by the state in a criminal trial to represent a defendant who is unable to afford legal assistance.

Question 12

Alternative Methods of Sentencing

Answer 12

A suspended sentence, probation, fines, restitution, community service and deferred adjudication/pretrial diversion.

Alternative methods of sentencing are largely effective at providing just outcomes for both offenders and victims.

Question 13

Judicial Guidelines

Answer 13

Are court decisions that give guidance to the judge in relation to how they should sentence offenders.

One purpose of guideline judgments is to reduce inconsistency in sentencing and help to make sure cases are treated alike.

Question 14

Automatism

Answer 14

Automatism negates criminal responsibility. The term is used to describe behavior that occurs when a person is unconscious and unaware that the act is taking place. In these cases, the act is not voluntary and there is no intent to commit the act.

Criminal defence, example: a man who murders his spouse while sleepwalking.

Question 15

Recidivism

Answer 15

A person’s relapse into criminal behavior, often after the person receives sanctions or undergoes intervention for a previous crime.

Question 16

Transnational Crime

Answer 16

Criminal law that transcends national boundaries incorporating offences that directly or indirectly affect more than one country.

A criminal offense that is done across borders that violates security and order.

Example: Human trafficking

Question 17

Causation

Answer 17

The relationship between the accused’s conduct and the end result. For many criminal offences, causation is not relevant because the accused’s conduct amounts to an offence without any requirement that it brought about a particular result.

A ‘cause and effect’ relationship between the defendant’s actions and the harm suffered by the alleged victim.

Question 18

Mens Reus

Answer 18

Criminal intent ‘guilty mind.’ Involves the intent of the offender to commit the crime.

1. The accused person sufficiently intended to commit the crime.

Question 19

Actus Reus

Answer 19

The act or omission that comprises the physical elements of a crime as required by statute. Actus reus includes only a voluntary affirmative act, or an omission (failure to act), causing a criminally proscribed result.

1. The accused person actually committed the crime.

Actus Reus = ‘guilty act’

Question 20

Strict Liability

Answer 20

Only requires the element of actus reus
In strict liability offence the prosecution only needs to prove that the accused carried out the act, and is not required to show that the accused intended to commit the crime. Have a lower level of proof
Example: minor offences,
speeding offence
selling alcohol or cigarettes to people under the age of 18.