Flashcards in Crime Deck (112)
What would it be like if there was no criminal laws?
Individuals would feel vulnerable and unsafe due to there being no guidelines of what is acceptable behaviour.
Define a crime:
An act or omission which is against an existing law, harmful to another individual or society as a whole and can be punishable by law.
For a crime to exist, what does it have to go against?
An act or omission
What are victimless crimes?
Crimes that harm no-one other than person who's committing the act.
Why is taking drugs a crime If it affects the person taking it?
Generally it's seen as harmful to a society as a whole, because it goes against what most people view as acceptable behaviour and it has the possibility to harm others.
How is a crime punishable by law?
Committing a crime is different from breaking a non-legal rule as a person who's committed a crime can be punished though the courts as a consequence of committing the crime.
What are the two elements of a crime?
Must exist if there is a guilty act and guilty mind.
What is actus reus?
A guilty act
What is mens Rea?
A guilty mind
What are the types of crimes?
They are classified according to seriousness:
- summary offences (minor, heard in magistrates court)
- indictable offences (serious, heard by judge and jury)
- indictable offences heard summarily (indictable offences, heard in magistrates court as if they were summary offences)
What is the burden of proof?
In criminal proceedings the prosecutions is required the burden to prove the accused is guilty.
What is a firm belief in criminal cases?
The accused is presumed innocent until proven guilty.
What the job of a prosecutor?
To prove if the accused is guilty, to achieve justice for the victim and society as a whole
What is the director of public prosecutions (DPP) responsible for?
For bringing prosecutions in the county court, Supreme Court and high court on behalf of the state of Victoria.
What are and does strict liability crimes include?
They are crimes which involve there being no need to prove intention to commit the crime. This can include:
- traffic offences
- serving liquor to under-age persons
What is the reversal of onus of proof?
The accused has to prove their innocence to the crime.
What is the standard of proof?
In criminal trials the prosecution has to prove that the offender is guilty of a crime beyond reasonable doubt.
Who decides if the offender is guilty of a crime in a magistrates court?
The magistrate decides verdict
Who decides if the offender is guilty of a crime in the county court or Supreme Court?
The jury decided verdict and judge will decide sentence.
In a Supreme Court or county court what verdict should be reached to find the offender guilty?
The jury of 12 should reach an unanimous verdict, or of not possible a majority verdict consisting of 11 out of 12
What is a hung jury?
An unanimous or majority verdict could not be reached in a trail before a judge and jury.
When this happens, accused is free to go. Though office of public prosecutions can decode at a later date to bring the accused to trail again.
The presumption of innocence protects whom?
Individuals from being wrongly arrested ad treated.
Under the rules of natural innocence, everybody is given an opportunity to put forward their case and be heard by unbiased, independent decision maker.
What I s the age of criminal responsibility?
Those over the age of 10 can be found guilty of murder, while those under are seen to have no intention to commit a crime.
What is doli incapax?
legal principle that children between 10-14 are mentally incapable to commit a crime
What is the accused?
The person/offender who has been accused of a crime.
Define prosecutor :
Person pricing the case on behalf of the state.
People who aid, abets, councils or organises an indictable summary offence is treated as if they were the main offender. A List of things that are considered an offence include:
- encouraging a person to commit a crime
- assisting a person committing a crime
- handing advise to a person who's about to commit a crime
- organise the commission of a crime
- knowingly conceal information about a crime
Explain Accessory to a crime:
A person who is found guilty of providing assistance or guidance in a crime. Usually a person has knowing obstracted the apprehension, prosecution, conviction or punishment of the main offender of a crime.
What crimes are against the human person?
Murder, attempted murder,manslaughter, culpable driving, rape, assault and kidnapping.