the nature of crime

Question 1

what is a crime?

Answer 1

a crime is an act or omission against the community at large that is punishable by law

Question 2

what is actus reus?

Answer 2

‘actus reus’ is a Latin term meaning ‘guilty act’ that refers to the physical act of carrying out a crime

Question 3

what is mens rea?

Answer 3

‘mens rea’ is a Latin term meaning ‘guilty mind’ that refers to the accused’s intention to commit the crime, knowing their actions were wrong

Question 4

what is causation?

Answer 4

causation is the causal relationship between the defendant’s conduct and the end result

Question 5

what are strict liability offences?

Answer 5

strict liability offences are offences which do not require proof of mens rea and instead rely solely on the proof of actus reus, such as speeding and driving under the influence (DUI)

Question 6

what are offences against the person?

Answer 6

offences against the person involve some form of harm or injury to an individual, eg. murder, manslaughter, assault, sexual offences

Question 7

what are offences against the sovereign?

Answer 7

offences against the sovereign include political offences against the state or head of state, eg. treason, sedition

Question 8

what are economic offences?

Answer 8

economic offences include a wide range of crimes that can result in people losing property or sums of money, eg. crimes against property (larceny, robbery, break and enter), white-collar crimes (embezzlement, tax evasion, insider trading), computer offences (fraud)

Question 9

what are drug offences?

Answer 9

drug offences relate to acts involving prohibited or restricted drugs, eg. possession, use, cultivation, supply

Question 10

what are driving offences?

Answer 10

driving or traffic offences are some of the most commonly committed offences, and many are strict liability offences eg. speeding, driving without a licence, ignoring road signs, driving over the legal blood alcohol content

Question 11

what are public order offences?

Answer 11

public order offences relate to acts that are deemed to disturb the public order in some way, eg. obscene/indecent/threatening language or behaviour in public, knife possession in public, obstruction of traffic, damaging public fountains or protected places

Question 12

what are preliminary offences?

Answer 12

preliminary offences precede the commission of a crime or where the crime has not been committed for some reason eg. attempt, conspiracy

Question 13

what are regulatory offences?

Answer 13

regulatory offences are usually set out in delegated legislation, such as regulations or local laws that address a range of day-to-day situations and standards, eg. watering gardens despite water restrictions, breaching health and safety regulations, travelling on public transport without a valid ticket, lighting a fire or barbecue on a day of total fire ban

Question 14

what is a summary offence?

Answer 14

a summary offence is a less severe offence that is heard and sentenced by a magistrate in a Local Court

Question 15

what is an indictable offence?

Answer 15

an indictable offence is a more severe offence that is heard and sentenced by a judge in a District Court or tried before a judge and jury

Question 16

what does the ‘principal in the first degree’ refer to?

Answer 16

the principal in the first degree is the principal offender, or the person who actually commits the criminal act, and who is directly responsible for the crime being carried out and so is likely to receive the highest sentence eg. in an armed robbery this would be the person who actually pointed the weapon and took the money

Question 17

what does the ‘principal in the second degree’ refer to?

Answer 17

the principal in the second degree is a person who was present at the crime and assisted or encouraged the principal offender to perform the offence, and who may be given a lesser sentence, depending on the circumstances eg. in an armed robbery, this may be the person who kept a lookout by the door

Question 18

what does the ‘accessory before the fact’ refer to?

Answer 18

the accessory before the fact is someone who has helped the principal to plan or carry out the crime, such as supplying tools or keeping lookout

Question 19

what does the ‘accessory after the fact’ refer to?

Answer 19

the accessory after the fact is someone who has assisted the principal after the actual act is committed, such as by driving a getaway car or disposing of evidence

Question 20

what are psychological factors that may affect criminal behaviour?

Answer 20

psychological or pathological factors affecting criminal behaviour relate to forms of mental illness that may affect the offender

Question 21

what are social factors that may affect criminal behaviour?

Answer 21

social factors affecting criminal behaviour relate to the offender’s family situation or personal relationships, which may influence what a person views as acceptable behaviour

Question 22

what are economic factors that may affect criminal behaviour?

Answer 22

economic factors affecting criminal behaviour relate to how people from disadvantaged backgrounds, resulting in poor education and a lack of skills, may be more inclined to commit crimes

Question 23

what are political factors that may affect criminal behaviour?

Answer 23

political factors affecting criminal behaviour relate to offences against the sovereign, along with terrorism, being incited by a resentment against a government body

Question 24

what are genetic theories in terms of factors affecting criminal behaviour?

Answer 24

genetic theories, such as that of ‘phrenology’, have been theorised to be able to predict criminality in certain people, however none of these studies have been conclusive

Question 25

what is self-interest in terms of factors affecting criminal behaviour?

Answer 25

self-interest almost always plays some role in the committing of a crime, especially in the instance of white-collar crimes, which are typically driven by greed rather than other factors

Question 26

what are the two types of crime prevention?

Answer 26

the two types of crime prevention are situational crime prevention and social crime prevention

Question 27

what is situational crime prevention?

Answer 27

‘situational crime prevention’ attempts to make it more difficult for criminals to commit crimes, typically involving either planning and architectural design, or focused approaches that rest on rational choice theory, eg. the installation CCTV surveillance cameras or putting lights in alleyways

Question 28

what is social crime prevention?

Answer 28

‘social crime prevention’ attempts to address underlying social factors that may lead to criminal behaviour, eg. the implementation of in-school programs to help ‘at-risk’ students, or workshops to give new parents from disadvantaged backgrounds skills