The Nature of Crime Flashcards
What are the themes and challenges associated with crime
- The role of discretion in the CJS
- Issues of compliance and non-compliance in regard to criminal law
- The extent to which the law reflects moral and ethical standards
- The role of law reform in the CJS
- The extent to which the law balances rights of victims, offenders and society
- The effectiveness of legal and non-legal measures in achieving justice
What is the meaning of a crime
A crime is any act or omission committed against the community at large that is punishable by the criminal law of a state (government and the people it governs)
What are the legal characteristics of a crime
- There must be an act or failure to act
- Act or omission must be seen as harmful to whole community
- Act or omission is punishable by the state
- State takes person who committed act to court where offence must be proved according to rules of criminal procedure
Why is a crime brought by the state
Although crime is against a victim it is brought by the state as act is seen as an attack on ethical and moral standards of society
What are the two fundamental elements of a crime
- Actus rea
- Mens rea
What is actus rea
- Latin term meaning ‘guilty act’
- Refers to physical act of carrying out crime
What is mens rea
- Latin term meaning ‘guilty mind’
- Means accused intended to commit the crime
What are the three main levels of mens rea
- Intention
- Recklessness
- Criminal negligence
What is intention in relation to mens rea
Means clear malicious or wilful intention to commit the crime
What is recklessness in relation to mens rea
Means that the accused was aware that their action could lead to a crime being committed, but chose to take risk anyway
What is criminal negligence in relation to mens rea
Where accused fails to foresee the risk where they should have and so allows the avoidable danger manifest
What must prosecution prove for mens rea
Prosecution must prove that the accused was aware that their actions would result in crime being committed
What must prosecution prove for actus rea
Prosecution must prove accused did carry out the relevant act required for the crime will use physical evidence and witness testimony to prove this
What are strict liability offences
- Strict liability offences only require ‘actus rea’
- Many traffic offences are strict liability offences
What must be proved to show causation
Involves proving that there is sufficient causal link between the actions of the accused and the result
What are the 8 categories of crime
- Offences against the person
- Offences against the soveriegn
- Economic offences
- Drug offences
- Driving offences
- Public order offences
- Preliminary cimes
- Regulatory offences
What are the two main classifications of a criminal offence
- Summary offences
- Indictable offences
What are summary offences
Relatively minor offences such as driving offences
What are indictbale offences
Serious criminal offences such as murder or assault
What act conatins most summary offences
Summary Offences Act 1988 (NSW)
How may less serious indictable offences be dealt with
Less serious indictable offences will be ‘triable summarily’, meaning the case can be heard by a magistrate in the Local Court
What are the four main categories of parties to a crime
- Principal in the First Degree
- Principal in the Second Degree
- Accessory Before the Fact
- Accessory After the Fact
What is a committal hearing
Initial committal hearing occurs in Local Court to establish prima facie
What is principal in the first degree
This is the principal offender, or the person who actually commits the criminal act.
