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Legal hsc > Role of crime > Flashcards

Role of crime Flashcards

1
Q

Actus reus

A

action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused.

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2
Q

Mens rea

A

A mens rea refers to the state of mind statutorily required in order to convict a particular defendant of a particular crime.

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3
Q

ratio decendi

A

The final decision of the courts and legal reasoning behind it

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4
Q

The meaning of crime

A

an action or omission which constitutes an offence and is punishable by law.

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5
Q

Strict liability offences meaning

A

When liability is strict with respect to an element of an offence, the prosecution is not required to prove intention, knowledge, recklessness or negligence with respect to that element. An offence does not impose strict liability unless the “law that creates the offence provides” that liability is strict.

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6
Q

Strict liability offences examples

A

Many of the most common strict liability offences in Australia involve traffic offences, such
as:
- Drink driving
- Speeding
- Failing to wear a seatbelt
E.g, if you have been charged with speeding, the prosecution is not required to prove that you intended to speed, but only that you did speed.

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7
Q

Categories of crime-offences against the person examples

A
  • stalking
  • kidnapping
  • rape
  • harrassment
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8
Q

Categories of crime- offences against the sovereign

A

Is considered any attempt or intention to levy war against the state or assist an enemy.

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9
Q

Categories of crime- economic offences

A
  • Swindling and fraud-A fraud and a swindle are basically the same thing: a trick to get money from someone. Some on defrauds someone
  • money laundering the criminal transforms the monetary proceeds derived from criminal activity into funds with an apparently legal source.
  • intellectual property crime
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10
Q

Drug offences

A

Includes supply of prohibited drug or make and use of a drug

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11
Q

Driving offences

A
  • speed limit offences
  • drunk driving
  • running a red light
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12
Q

Public order offences

A
  • Riot
  • offences
    -offensive language
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13
Q

preliminary crime attempts

A

Preliminary offences are acts that prepare, facilitate, or encourage the commission of a crime without directly committing the crime itself. These include conspiracy, aiding and abetting, and attempt. On the other hand, offences refer to the actual criminal acts committed, such as theft, assault, or murder. Thus, the primary difference lies in preliminarily offences being steps or actions leading up to a crime, while offences are the actual crimes committed.

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14
Q

preliminary crimes conspiracy

A

The crime of conspiracy requires an agreement between two or more persons to commit an unlawful act with the intention of carrying it out. It is the intention to carry out the crime which constitutes the necessary mens rea for the offence

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15
Q

summary offences meaning and examples

A

an offence within the scope of a summary court and seen as less serious. Examples include: road traffic offences (e.g. careless driving, drink driving and unlicensed driving) minor assaults.

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16
Q

indictable offences

A

Indictable Offences are offences where the accused has the right to have the matter heard before a Judge and jury in a higher court (usually the District Court or the Supreme Court)

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17
Q

Parties to a crime-principal in the first degree meaning

A

A principal in the first degree is a person who commits a crime. The term refers to the person with the intent to commit the crime, even if the actus reus is done through an agent who lacked the intent to commit a crime.

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18
Q

Parties to a crime- Principal in the second degree

A

principal in the second degree, person who assists another in the commission of a crime and is present when the crime is being committed but does not actually participate in the crime. For example, an individual standing guard at the door during the armed robbery of a service station would be considered a principal in the second degree.

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19
Q

Parties to a crime- accessory before the fact meaning

A

An accessory before-the-fact is a person who aids, abets, or encourages another to commit a crime but who is not present at the scene. An accessory before the fact, like an accomplice may be held criminally liable to the same extent as the principal.

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20
Q

Parties to a crime- accessory after the fact

A

A person is an accessory after the fact to the commission of a crime if, knowing that the crime has been committed, the person assists the principal offender.

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21
Q

Psychological Factors affecting criminak behaviour examples

A

Many forms of mental illness affect a person’s behaviour. Important during the criminal process and may be raised by the prosecution or defence during a trial. May also be taken into account during sentencing.

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22
Q

Situational crime prevention meaning and example

A

situational crime prevention is a primary crime prevention measure. This means it is directed at stopping crimes before they occur.This prevention focuses on reducing crime opportunities rather then the characteristics of criminals or potential criminals

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23
Q

social crime prevention meaning and example

A

Social crime prevention addresses factors that influence an individual’s likelihood of committing a crime, such as poverty and unemployment, poor health and low educational performance.

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24
Q

Police powers

A
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25
Q

Reporting crime

A

The reporting of crime is the first step in the criminal investigation process. Most crimes are detected or discovered by private citizens who are either witnesses to or victims of a criminal offence. They report the crime to the police. Many crimes go unreported every year as victims or witnesses exercise their discretion about whether to report a crime or not.

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26
Q

Investigating crime- gathering evidence process

A

One of the main roles of the NSW Police Force is to detect and investigate crime and prosecute offenders.
· Evidence is the main tool used by the prosecution used to convict offenders.

· Physical (clothes, weapons), electronic (photographs, records), or witnesses statements (things seen and/or heard).

· Police investigate the matter further and gather relevant evidence e.g. interviews, list of stolen property, fingerprints, physical evidence

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27
Q

Investigating crime- use of technology role

A

· Surveillance technology has assisted in the investigation and prevention of crime, used to identify criminals.

· DNA is also used for the identification of people, yet there are strict regulations on the use of this technology, outlines in the Crimes (Forensic Procedures) Act 2000 (NSW).

· Police sometimes use technology to gather and asses evidence e.g. phone taps, video surveillance, DNA collection and analysis, use of data banks, such as COPS

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28
Q

Investigating crime- search and seizure role

A

· The Police Powers (Drug Detection Dogs) Act 2001 (NSW) gives the police the power to use sniffer dogs

· It is argued that this is a breach of the civil liberties of people à link to reasonable grounds.

· The dogs are used at large events, used to search people for illegal articles, mainly illicit drugs.

· The power of search and seizure means that police and other people, such as customs officers, have the power to search people and their belongings or premises and to take away property that is illegally held or is to be used in evidence

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29
Q

Investigating crime-use of warrants

A

A warrant is an authorisation, by a judicial officer, to enter and search premises. The Regulatory Powers Act provides for monitoring and investigation warrants.
An issuing officer can issue a monitoring warrant in relation to a provision, information or matter that is nominated in the triggering Act. For more information on a ‘matter’ for the purposes of Part 2 of the Regulatory Powers Act, see 2021 amendments to the Regulatory Powers Act.

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30
Q

court jurisdiction

A
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31
Q

The adversary system role

A
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32
Q

The adversary system process

A
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33
Q

Adversarial system meaning

A
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34
Q

Inquisitorial system meaning

A
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35
Q

Inquisitorial system process

A
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36
Q

Legal personnel- ,magistrate meaning

A
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37
Q

Legal personnel of police

A
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38
Q

Categories of crime- offences against the sovereign examples

A
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39
Q

police powers

A
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40
Q

reporting crime

A
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41
Q

arrest and charge- warrants role

A
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42
Q

arrest and charge- what is a summons

A
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43
Q

bails role

A
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44
Q

what is remand and its role

A
45
Q

rights of suspect in interrogation

A
46
Q

rights of suspect in detention

A
47
Q

what is a public order offence

A

the term suggests, these are offences that deal with keeping the good order of the community. The offences are not typically serious in nature, however, most of them do still carry a term of imprisonment as a possible penalty.

48
Q

indictable offence examples

A

Examples include:

aggravated burglary
indecent assault
drug trafficking offences
manslaughter
murder.

49
Q

social factors affecting criminal behaviour

A

Influence a person’s attitude towards crime incl. family situation or personal relationships. Groups associated with may also influence attitudes. Environment a person is raised in may also influence behaviour. Differential association.
– Statistically people are more likely to commit crimes if they come from a poor or disadvantaged background
or If people are surrounded by or brought up with criminal behaviour around them then they will be more likely to commit crimes themselves because it is seen by them to be socially acceptable to do so

50
Q

economic factors contributing to criminal behaviours

A

One of the most substantial reasons for committing a crime is for economic gain. Those from disadvantaged backgrounds are more likely to commit crimes than any other group. Poor education or lack of skills which leads to a higher chance of unemployment. For greater Economic benefit.

51
Q

court jurisdiction

A
52
Q

the adversary system

A
53
Q

Legal personnel of prosecutor

A
54
Q

Legal personnel of Director of public prosecution

A
55
Q

Legal personnel of public defenders

A
56
Q

pleas, charge negotiation

A
57
Q

Legal aid

A
58
Q

Legal representation

A
59
Q

Burden of proof

A
60
Q

standard of proof

A
61
Q

Use of evidence including witnesses

A
62
Q

complete defences to criminal charges

A
63
Q

partial defences to murder

A
64
Q

role of juries and their role in the verdict

A
65
Q

statutory guidelines

A
66
Q

the purpose of punishmemt: deterrent, specififc

A
67
Q

The prupose of punishment: retribution

A
68
Q

the purpose of punishment: rehabilitation

A
69
Q

the purpose of punishment incapacitation

A
70
Q

Factors affecting a sentencing decision: aggravating circumstances

A
71
Q

Factors affecting a sentencing decision: mitigating circumstances

A
72
Q

Role of victims in sentencing

A
73
Q

appeals role

A
74
Q

no conviction recorded penalty

A
75
Q

caution penalty

A
76
Q

fine penalty

A
77
Q

bond penalty

A
78
Q

suspended sentence penalty

A
79
Q

probation penalty

A
80
Q

criminal infringement notice penalty

A
81
Q

penalty units

A
82
Q

community service order penalty

A
83
Q

hoem detention penalty

A
84
Q

periodic detention penalty

A
85
Q

forfeiture of assets penalty

A
86
Q

imprisonment penalty

A
87
Q

diversionary program penalty

A
88
Q

circle semtencing

A
89
Q

restorative post sentencing considerations

A
90
Q

security classification in law

A
91
Q

protective custody

A
92
Q

continued detention as an alternative method

A
93
Q

sexual offenders registration

A
94
Q

deportation as a alternative sentencing method

A
95
Q

age of criminal responsibility

A
96
Q

the righst of children when questioned

A
97
Q

the rights of children when arrested

A
98
Q

childrens court procedures

A
99
Q

childrens court operation

A
100
Q

penalties for childrens court

A
101
Q

crimes against the international

A
102
Q

community international crime

A
103
Q

transnational crime

A
104
Q

domestic measures to deal with international crime

A
105
Q

international measures to deal with international crime

A
106
Q

limitations in dealing with international crime

A
107
Q

define international crime

A
108
Q

why young offenders are treated differently in the criminal justice system

A
109
Q

implications of post sentencing in achieving justice

A

Legal hsc (1 decks)

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