Topic 1 - The Nature Of Crime

Question 1

The State

Answer 1

A term used to refer to the government and the people that it governs

Question 2

Criminal law

Answer 2

The area of law that deals with crime and encompasses many aspects, including:
• investigation
• enforcement
• prosecution
• defence 
• criminal trial
• sentencing 
• punishment

Question 3

Accused

Answer 3

The person or alleged offender that the criminal action is being taken against

Question 4

Prosecute

Answer 4

When the Crown or state take action against the offender in a court of law

Question 5

Beyond reasonable doubt

Answer 5

The standard of proof required in a criminal case for a person to be found guilty

Question 6

What factors influence the nature of criminal acts in society?

Answer 6

• culture
• history
• legal traditions
• social attitudes
• religious beliefs
• political systems

Question 7

In order to be found guilty of a criminal act it must be proven that?

Answer 7

• the accused intended to commit a crime

* the accused actually committed a crime

Question 8

What is ‘mens rea’?

Answer 8

Mens Rea refers to a person’s intention to commit a crime. Except in cases of strict liability (such as traffic offences) the prosecution must prove that the accused was aware that their actions would at least probably result in a crime being committed.

Question 9

What is ‘actus reus’?

Answer 9

Actus reus refers to the physical performance or conduct element of a criminal act. It must be proven that the person charged actually carried out the crime, rather than merely thinking about it.

Question 10

What is strict liability?

Answer 10

Strict liability offences occur when the prosecution must only prove that an illegal act was done. Traffic offences are an example of where the legal concept of strict liability is often applied.

Question 11

What is causation?

Answer 11

Causation means that the act or omission committed must have caused the specific injury complained of. For example, part of proving the crime of murder is that the actions of the accused person ‘caused the death charged’.

Question 12

What is differential association?

Answer 12

The theory of differential association can be summed up as stating that a person who is exposed to an environment in which criminal behaviour is normal, is more likely to become a criminal.

Question 13

Crime

Answer 13

An act or omission committed against the community at large that is punishable by the state.

Question 14

What are the parties to a crime?

Answer 14

The parties to a crime are the people who have participated in committing a criminal offence.

Question 15

Who is the principal in the first degree?

Answer 15

This is the actual perpetrator of the crime - that is, the person or persons who actually committed the crime

Question 16

Who is the principal in the second degree?

Answer 16

This is a person or persons who were present or who assisted the principal in the first degree in committing the offence

Question 17

Who is the accessory before the fact?

Answer 17

This is a person or persons who helped plan the offence but were not there when it occurred.

Question 18

Who is the accessory after the fact?

Answer 18

This is the person or persons who helped the principals after the crime had been committed.

Question 19

Situational crime prevention?

Answer 19

Situational crime prevention involves making it difficult for criminals to commit crimes by increasing the risk of being caught, and making the crime more difficult or less rewarding to perpetrate. This is often referred to as ‘opportunity reduction’

Question 20

What are some examples of situational crime prevention?

Answer 20

• Surveillance cameras
• Cars fitted with electronic tracking devices
• Limiting cash held on premises

Question 21

What is social crime prevention?

Answer 21

Social crime prevention programs aim to give people access to society and an education in order to reduce the factors that are likely to cause a person to commit a crime.

Question 22

What are some factors resulting in criminal activity?

Answer 22

• Poor parenting
• High levels of truancy
• Misbehaviour at school
• Drug addiction
• Exposure to criminal elements at an early age