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Yr12 Legal Studies > The Nature of Crime > Flashcards

The Nature of Crime Flashcards

1
Q

What are the themes and challenges associated with crime

A
  • 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
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2
Q

What is the meaning of a crime

A

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)

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3
Q

What are the legal characteristics of a crime

A
  • 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
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4
Q

Why is a crime brought by the state

A

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

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5
Q

What are the two fundamental elements of a crime

A
  • Actus rea
  • Mens rea
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6
Q

What is actus rea

A
  • Latin term meaning ‘guilty act’
  • Refers to physical act of carrying out crime
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7
Q

What is mens rea

A
  • Latin term meaning ‘guilty mind’
  • Means accused intended to commit the crime
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8
Q

What are the three main levels of mens rea

A
  • Intention
  • Recklessness
  • Criminal negligence
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9
Q

What is intention in relation to mens rea

A

Means clear malicious or wilful intention to commit the crime

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10
Q

What is recklessness in relation to mens rea

A

Means that the accused was aware that their action could lead to a crime being committed, but chose to take risk anyway

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11
Q

What is criminal negligence in relation to mens rea

A

Where accused fails to foresee the risk where they should have and so allows the avoidable danger manifest

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12
Q

What must prosecution prove for mens rea

A

Prosecution must prove that the accused was aware that their actions would result in crime being committed

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13
Q

What must prosecution prove for actus rea

A

Prosecution must prove accused did carry out the relevant act required for the crime will use physical evidence and witness testimony to prove this

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14
Q

What are strict liability offences

A
  • Strict liability offences only require ‘actus rea’
  • Many traffic offences are strict liability offences
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15
Q

What must be proved to show causation

A

Involves proving that there is sufficient causal link between the actions of the accused and the result

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16
Q

What are the 8 categories of crime

A
  1. Offences against the person
  2. Offences against the soveriegn
  3. Economic offences
  4. Drug offences
  5. Driving offences
  6. Public order offences
  7. Preliminary cimes
  8. Regulatory offences
17
Q

What are the two main classifications of a criminal offence

A
  1. Summary offences
  2. Indictable offences
18
Q

What are summary offences

A

Relatively minor offences such as driving offences

19
Q

What are indictbale offences

A

Serious criminal offences such as murder or assault

20
Q

What act conatins most summary offences

A

Summary Offences Act 1988 (NSW)

21
Q

How may less serious indictable offences be dealt with

A

Less serious indictable offences will be ‘triable summarily’, meaning the case can be heard by a magistrate in the Local Court

22
Q

What are the four main categories of parties to a crime

A
  • Principal in the First Degree
  • Principal in the Second Degree
  • Accessory Before the Fact
  • Accessory After the Fact
23
Q

What is a committal hearing

A

Initial committal hearing occurs in Local Court to establish prima facie

24
Q

What is principal in the first degree

A

This is the principal offender, or the person who actually commits the criminal act.

25
Q

What is principal in the second degree

A

This is the person who was present at the crime and assisted or encouraged the principal offender to perform the offence.

26
Q

What is accessory before the fact

A

This is someone who has helped in the planning or preparation before the actual act is carried out

27
Q

What is accessory after the fact

A

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

28
Q

What are the 6 factors affecting criminal behaviour

A
  1. Psychological factors
  2. Social factors
  3. Economic factors
  4. Genetic theory
  5. Political factors
  6. Self-interest
29
Q

What are the two forms of crime prevention

A
  • Social
  • Situtational
30
Q

What is situational crime prevention

A
  • Involves planning and architectural design which focuses upon the influence of physical environments upon crime
  • Involves focused or situational approaches which views offenders as actors who weigh up potential gains, risks and costs
31
Q

What is social crime prevention

A

Attempts to address the underlying social factors that may lead to criminal behaviour

32
Q

What are examples of situtaional crime prevention

A
  • Installing security alarms and bars on windows
  • Computer passwords and internet firewalls to deter data theft
  • Classical music in shopping centres to deter young people congregating
  • CCTV installation (good deterrence and useful for evidence)
  • Magnetic tags attached to clothing to set off alarm at the door
  • No alcohol zones to curb alcohol related incidents
33
Q

What are social factors contributing to criminal behvaiour

A
  • Poor home environment and parenting
  • Social and economic disadvantage
  • Poor school attendance
  • Referred to as ‘Justice Reinvestment’
34
Q

What are examples of government expenditure on social crime prevention

A
  • Educational programs in schools to raise education levels of students ‘at risk’
  • Parenting workshops for parents from disadvantaged backgrounds
  • Youth programs to teach dispute resolution skills and social skills
  • Four Corners ‘Backing Bourke’ Sept 2016, Just Reinvest
35
Q

Why do most people obey the law

A
  • Many laws simply regulate behaviour which we generally agree should be regulated
  • We are educated to think that certain behaviour should not be allowed
  • People fear punishment
  • People fear public condemnation
  • Comply with legal system so it may protect them
36
Q

Results of Bourke KPMG assessment

A
  • Family strength: a 23% reduction in police recorded incidence of domestic violence and comparable drops in rates of reoffending
  • Youth development: a 31% increase in year 12 student retention rates and a 38% reduction in charges across the top five juvenile offence categories
  • Adult empowerment: a 14% reduction in bail breaches and 42% reduction in days spent in custody

Yr12 Legal Studies (9 decks)

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