Unit 2: Criminal Investigation Process Flashcards
What are the purposes of Criminal Law?
The purposes of criminal law are:
- Identification of public wrongs
- Protection of citizens
- Deterrence of social behaviour
- Regulation of punishments
- Maintenance of the social order
What rights need to be balanced by the system?
The rights of the defendant and the rights of the victim.
What are the property crimes?
Property crimes are crimes against property. These include:
- Stealing/theft
- Looting
- Shoplifting
- Robbery
- Burglary
- Break-and-enter
- Receiving tainted property
- Arson
- Wilful damage to property
- Wilful damage to animals (Animal Abuse)
- Fraud
- Computer hacking/misuse
What are the elements of a crime?
There needs to be a guilty act (actus reus) and a guilty mind (mens rea).
Who are juvenile offenders and why are they treated differently?
Juvenile offenders are all people under the age of 18. Young offenders need to be treated differently due to different levels of responsibility. It also prevents them from being exploited.
What is doli incapax?
“Incapable of evil” Doli incapax means the law presumes a child under the age of 14 does not possess the necessary knowledge required to have criminal intent. Unless it can be proven they had the capacity to know what they did was wrong.
Under 10, the child does not know what they are doing.
“Presumption of innocence”
What is the purpose of the youth justice system?
Purpose: To provide a fair and balanced response to young people in contact with the Youth Justice System.
- Holds them accountable but also encourages them to reintegrate into the community.
- 91% were male
- 51% were indigenous
What are the elements of murder?
- Guilty act, guilty mind
- Another person is killed
- Unlawful killing
Unlawful act caused death, and intent (mens rea)
What are other instances where murder can occur?
Murder can also occur when a person was committing a criminal act when the death occurred, whether or not the person intended to kill.
E.g. bank robbery, grievous bodily harm
Also, if someone counselled or procured another person to commit an offence.
