The Nature of Crime

Question 1

Actus Reus?

Answer 1

Latin term meaning “guilty act” refers to the physical act of carrying out the crime

Question 2

Mens Rea?

Answer 2

Latin term meaning “guilty mind” meaning the accused intended to commit the crime knowing their actions were wrong

Question 3

Causation?

Answer 3

Link between the behaviour of the accused and the result (that the behaviour of the accused actually caused the criminal act

Question 4

Strict Liability Offence?

Answer 4

An offence where the mens Rea doesn’t need to be proved only the actus reus
E.g. Selling alcohol to people under the age of 18

Question 5

Offences against the Person?

Answer 5

Homicide, assault and sexual assault

Question 6

Drug offences?

Answer 6

Trafficking, possession and use

Question 7

Driving offences?

Answer 7

Speeding, drink - driving and negligent driving

Question 8

Public order offences ?

Answer 8

Offensive conduct, obstructing traffic, affray and bomb hoaxes

Question 9

Preliminary offences ?

Answer 9

Attempts and conspiracy

Question 10

Regulatory offences ?

Answer 10

Breach of water restrictions or public transport rules

Question 11

Offences against the Person ?

Answer 11

Assault 
Sexual assault
Assault and battery 
Aggravated sexual assault 
Assaulting a police officer on duty 
Grievous bodily harm 
Murder
Attempted Murder
Manslaughter
Infanticide 
Death by reckless driving

Question 12

Homicide ?

Answer 12

Act of unlawfully killing a human being

Judge must determine a link between actions and death of victim

Question 13

Murder ?

Answer 13

Deliberate killing of a victim

Most serious homicide offence and punishable by life imprisonment

Question 14

Manslaughter ?

Answer 14

Second most serious type of homicide

Differs from murder in the intent of the accused

Involved a reduced level of intent

Punishable by up to 25 years of imprisonment

Question 15

Voluntary manslaughter ?

Answer 15

When a person kills with intent but there are mitigating circumstances that reduce their culpability

Question 16

Involuntary manslaughter ?

Answer 16

Killing of a person where the death occurred because the accused acted in a reckless or negligent way but without the intention to kill the person

Question 17

Constructive manslaughter ?

Answer 17

Killing of a person where the accused was carrying it another unlawful act e.g. Assault which may lead to death unintentionally

Question 18

Infanticide ?

Answer 18

Special category of manslaughter

Applies to the death of a baby under the age of 12 months at the hands of its mother

Crimes act 1900 requires court to take into account the state of one of the mother at the time she committed the crime

Question 19

Death by reckless driving ?

Answer 19

A particular type of manslaughter enacted to deal with death as a result of motor vehicle incidents

Question 20

Assault ?

Answer 20

Most commonly form of crime against a person

Offence of causing physical harm to another person

Legislation: The Crimes Act 1900

Question 21

Aggravated Assault ?

Answer 21

Assailant uses an object rather than their own body –> punishable by up to 5 years of imprisonment

Question 22

Sexual assault ?

Answer 22

Assault where someone is forced into sexual intercourse without their consent

Punishable by up to 5 years

Question 23

Offences against the sovereign ?

Answer 23

Acts or omissions which aim to disrupt or jake the governing bodies e.g. Treason or sedition

Question 24

Economic offences ?

Answer 24

Crimes that result in a person or persons losing property of sums of money

E.g. Larceny, aggravated robbery, break and enter

Question 25

Summary offences ?

Answer 25

Less serious offences that are tried by a magistrate in the local court

Judgement and punishment is determined by a magistrate

The charge is usually laid by a police office of government officer

Punishment is usually a fine, good behaviour bond or community service bond

Question 26

Indictable offences ?

Answer 26

More serious offences tried before a judge and jury

Judgement is determined by a jury and a punishment is determined by the judge

The charge is brought by a public prosecutors working for the state

Punishment will usually result in imprisonment or a hefty fine

Question 27

Parties to a crime ?

Answer 27

Principal in the 1st degree: person who commits the criminal act

Principal in the 2nd degree: person who is present at the crime and assisted or encouraged the principal offender

Accessory before the fact: person who helped the principal to carry out the crime however not present

Accessory after the fact: person who assisted the principal after the crime was committed

Question 28

Factors affecting criminal behaviour ?

Answer 28

Psychological - behaviours as a result of brain functioning

Social - drug dependence, family situations or personal relationships

Economic - disadvantaged backgrounds, income inequality, poor education and lack of skills

Political - against government, against ideology

Self interest - exerting power, satisfying desire, greed

Question 29

Situational crime prevention ?

Answer 29

Aims to make it more difficult for criminal to carry out a crime and stop it before committed

e.g. surveillance cameras, security guards

Question 30

Social crime prevention ?

Answer 30

Attempts to address social factors that may lead to criminal behaviour

e.g. youth programs, parenting workshops, drug abuse programs

Question 31

What is a Crime

Answer 31

An act or omission which harms society, for which a punishment has been determined by the law and is enforced by the state