Nature of Crime Flashcards

1
Q

Define ‘Crime’

A

An act or omission resulting in harm to society at large and is punishable by the state

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2
Q

What is Actus Reus

A

The physical guilty ACT of the crime

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3
Q

What is Mens Rea

A

The guilty MIND (mental state of the accused)

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4
Q

What are the categories of crime?

A
  1. Offences against the PERSON
  2. Offences against the sovereign
  3. Economic Offences
  4. Drug Offences
  5. Driving Offences
  6. Public Order Offences
  7. Preliminary Offences
  8. Regulatory Offences
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5
Q

What are the three types of offences against the person?

A
  1. Homicide
  2. Assault
  3. Sexual Assault
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6
Q

Define Homicide

A

The unlawful killing of a person

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7
Q

Define Murder

A

The DELIBERATE killing of a person. Punishable by life sentence

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8
Q

Define Manslaughter

A

The killing of a person in a manner that is considered less intentional than murder

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9
Q

What is the most serious sexual assault in NSW?

A

Aggravated sexual assault in company

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10
Q

What are offences against the Sovereign?

A

Political offences against the state or heads of state

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11
Q

What is sedition?

A

Promoting discontent, hatred or contempt against a government or leader of the state through slanderous use of language.

In Australia, this includes urging force or violence against the government.

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12
Q

What are economic offences?

A

Crimes resulting in losing property or sums of money

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13
Q

What are the 3 types of economic offences?

A
  1. Crimes against property
  2. White collar crime
  3. Computer offences
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14
Q

Define Larceny

A

When one or more people take another person’s property without the intention of returning it. CKA theft or stealing

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15
Q

Define Robbery

A

When property is taken directly from a victim, usually forcefully

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16
Q

Define Break and Enter

A

When a person enters a home with the intent to commit an offence UKA burglary

17
Q

What is Tax Evasion?

A

An attempt to avoid paying the full amount of taxes due by, among other things, concealing or underestimating a person or business’s assets

18
Q

What is Insider Trading?

A

When a person illegally trades on the share market to their own advantage using confidential information

19
Q

Define affray

A

Using or threatening to use violence on another person that could cause someone to fear for thier safety

20
Q

Define riot

A

12 or more people using or threatening to use violence for a common purpose

21
Q

What is a Summary Offence?

A

A less severe offence heard and sentenced by a Magistrate in a Local Court. Max punishment is 2 years

22
Q

What is an Indictable Offence?

A

A more severe offence that is heard and sentenced by a judge in a District Court or tried before a judge and a jury. Includes severe punishments

23
Q

Define and state the 4 parties to a crime

A
  1. Principal in the 1st degree MASTERMIND
    Person who actually commits a criminal act
  2. Principal in the 2nd degree HELPER
    Person who was present at the crime and assisted the principal
  3. Accessory before the fact PLANNER
    Person who assisted the principal to plan crime before it was committed
  4. Accessory after the fact ESCAPE GUY
    Person who assisted principal after crime was committed e.g disposing evidence
24
Q

What factors affect crime?

A
  1. Phycological
  2. Social
  3. Economic
  4. Political
  5. Genetic
  6. Self-Interest
25
Q

What are the two systems of crime prevention?

A

Situational and Social crime prevention

26
Q

What is situational crime prevention?

A

Often physical attempts to stop the crime before its committed. E.g CCTV, Clothing Tags

27
Q

What is social crime prevention?

A

Tactic aimed to address the underlying reasons that people commit crimes.