The Nature of Crime Flashcards
What is the meaning of a crime?
An act or omission against the community at large; punishable by the state
What is actus reus?
Latin term meaning ‘guilty act’
The prosecution must prove that the accused did in fact carry out the crime
The actus reus must be a voluntary act, but also includes an omission/failure to act
What is mens rea, and the three levels of it?
Latin term meaning ‘guilty mind’
The prosecution must prove that, to the necessary degree, the accused intended to commit the crime
The three level of mens rea are:
- Intention; a clear, malicious or wilful intention to commit the crime - Recklessness; the accused was aware that their actions could lead to a crime being committed, but chose to take the risk anyway - Criminal Negligence; the accused fails to foresee the risk where they should have, and so allows the avoidable danger to occur
What are strict liability offences?
Refers offences where the mens rea does not need to be proved, only actus reus
These dramatically lower the level of proof required to achieve a criminal conviction, and so lessen an accused’s rights, so they are generally restricted to minor crimes
It is applied to offences because of its administrative advantages and because it puts a greater onus on society to comply with a particular law
What is causation?
Refers to the link between the behaviour of the accused and the criminal act
This is relevant in proving the actus reus, and requires the prosecution to provide a substantial link
What is difference between murder and manslaughter?
Murder is the deliberate killing of a person, while manslaughter is the killing of a person in a manner which is seen to be less intentional than murder
What are the three types of manslaughter?
- Voluntary Manslaughter; occurs when a person kills with intent, but there are mitigating circumstances (provocation) which reduce their culpability
- Involuntary Manslaughter; the killing of a person where the accused acted in a reckless or negligent way, but without intention to kill
- Constructive Manslaughter; the killing of a person while the accused was carrying out another dangerous or unlawful act
What is the difference between treason and sedition?
Treason is an attempt or manifest intention to levy war against the state, assist the enemy, or cause harm to or the death of a head of state
Sedition involves promoting discontent, hatred or contempt against a government or leader of the state through slanderous use of language
What is the state of sedition laws in Australia?
In Australia, sedition laws were relit with the Anti-Terrorism Act (No2) 2005 (Cth)
This Act made it a crime to urge another person to use force or violence against the government or the constitution (7 years imprisonment)
An ALRC review determined that ‘sedition’ should be removed and various elements of the offence should be amended
What are public order crimes?
Acts that are deemed to disturb the public order in some way
They are often acts that society deems inappropriate or offensive when conducted in public, but legal within the confines of one’s own home
Police discretion in public order offences often results in higher incidents of discrimination
What are preliminary crimes?
Offences that precede the commission of a crime or where the crime has not been completed for some reason
What are summary offences?
A less severe offence that is head and sentenced by a Local Court magistrate
Penalties may range from a bond/fine to a jail sentence of up to two years
Listed in the Summary Offences Act 1988 (NSW)
What are indictable offences?
A more severe offence that is heard and sentenced by a District Court Judge
An initial committal hearing will be held in the Local Court to determine whether there is enough evidence to bring the case to trial
Many indictable offences will be triable summarily - the accused has the ability to choose to have the case heard in the Local Court or with a jury in District Court
What are the four parties to a crime?
Principal in the First Degree - the person who commits the criminal act
Principal in the Second Degree - person present at crime who assisted/encouraged
Accessory Before the Fact - a person who has helped the principal plan the crime
Accessory After the Fact - someone who has assisted the principal after the crime
What are factors affecting criminal behaviour?
Psychological Factors - various forms of mental illness can affect a person’s behaviour so that they are not fully responsible for their actions
Social Factors - a person’s family situation influences attitudes towards crime
Economic Factors - people from disadvantaged backgrounds are more likely to commit crimes than any other (½ of female offenders are on welfare)
Political Factors - offences against the sovereign or state are almost always politically motivated, riots and public order offences can be too
Genetic Factors - tried to prove for years, but to no avail
Self-Interest - personal profit will usually play some role in the committing of a crime
