1.nature of crime (questions)

Question 1

what is a crime?

Answer 1

crime is an act or omission committed against the community at large that in punishable by the state.

Question 2

What is the aim of criminal law?

Answer 2

1. Achieve social control
2. Maintain social order
3. Protect the community and provide a sanction or punishment to the offender if he or she is found guilty by a court of law. The crown must prove its case beyond reasonable doubt.

Question 3

What is the actus reus

Answer 3

actions of the accused
- proving suspect is guilty of the act

Question 4

What is the Mens Rea

Answer 4

the mental state of the accused, the intentions

Question 5

what are the three factors of mens rea

Answer 5

-intention

-recklessness

-criminal negligence

Question 6

what is intention in mens rea and provide example

Answer 6

the clear, malicious or wilful intention to commit crime

-most difficult for prosecution to prove

-murder

Question 7

what is recklessness

Answer 7

intermediate level of intent

was aware that their action could lead to a crime being committed but chose to take that risk anyways.

Question 8

what is criminal negliegence

Answer 8

accused failed to foresee the risk

-they usually have the duty to protect

e.g, a doctor messes up

Question 9

what is a strict liability offence?

Answer 9

only the elements of actus reus is needed to be shown

traffic offences are considered this offence (speeding)

only be successfully defended if the accused can prove that the actual act did not occur, as Mens rea is irrelevant to this category of offences.

Question 10

what is causation

Answer 10

the casual link between criminal act and the harm

if you remove the criminal act, So in this case, remove the stabbing. Would the victim still have died? Would the harm still have occurred?

Question 11

what is offences against a person. What are the three types?

Answer 11

crimes involving injury to another person

-homicide
-assault
-sexual offences

Question 12

what are offences against the soverign? what is the type ?

Answer 12

crimes undermining the governance of nation

treason is the crime of betraying one’s nation

-breaching allegience to country and sedition
-terrorism, selling state secrets

Question 13

what are economic offences? What are the three types?

Answer 13

loss of property = house, objects, money, assets

1. crimes against property
   2.white collar crimes (fraud)
2. computer crimes (scam, identity fraud)

Question 14

what are drug offences?

Answer 14

crimes involving the obtainment, sale or traffic of illicit drugs

Question 15

what are driving crimes

Answer 15

• strict liable offence

involve motor vehicles which break traffic laws

-speeding
-drunk driving
-negligent driving

Question 16

what r public order offences?

Answer 16

crimes which disrupt the prevailing norms of society

-public intoxication and prostitution

Question 17

what are preliminary offences?

Answer 17

crimes that occur in the lead up to criminals commiting another type of offences

Question 18

what is conspiracy vs complicity vs omission - preliminary offences

Answer 18

conspiracy (2+ ppl)
complicity (encouraging one to do a crime)

Question 19

what are regulatory laws?

Answer 19

offences set out in delegated legislation (by-laws)

breach of water restriction or fire

Question 20

what is the difference between summary and indictable offences

Answer 20

severity of the crime

summary - less serious/magistrate/local court

indictable - serious/judge or jury/ district courts

Question 21

what are the four parties to crime

Answer 21

principal in first degree ‘perpetrator’

principal in second degree
‘assisted’

accessory before the fact
‘planner, preparer’

accessory after fact
‘after’
‘giving refuge’

Question 22

what are the six factors affecting criminal behaviour

Answer 22

-psychological factors
-social factors
-economic factors
-self interest factors
-genetic factors
-political factors

Question 23

what is a psychological factor?

Answer 23

mental illnesses

Question 24

what are social factors?

Answer 24

association with people who effect attitude, views, ethics and morals of crime

-peer pressure
-family influences
-personal relationships

Question 25

what are economic factors

Answer 25

if someone broke they gonna steal bffr

-lower socio economic background - robbery to gain financial benefit

Question 26

what are genetic factors

Answer 26

ideology or ‘phrenology’ that people are born with traits that are responsible for the correspondence to crime

Question 27

what are self interest factors?

Answer 27

greed for wealth motivating people to commit collar crimes

-fraud, avoiding tariffs
-perpetrated by professionals

Question 28

what is situational crime prevention?

Answer 28

physical barriers preventing people from committing crimes making them harder to commit

Question 29

what are the two approaches to situational crime prevention?

Answer 29

1. planning and architectual design
   -alarm systems
   -computer passwords
   -cctv
2. focused situational approaches
   -rest on rational choice theory

Question 30

what is social crime prevention

Answer 30

targetting factors that affect crime (prevention)

addressing underlying social factors such as
-poor home condition
-economic disadvantage

examples -
-government funds
-educational programs
-parenting workshops