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Year 12 Legal Studies NSW > Crime: Chapter 1 (The Nature of Crime) > Flashcards

Crime: Chapter 1 (The Nature of Crime) Flashcards

• identify the meaning and nature of crime • describe and recognise the different categories of crime • define and discuss summary and indictable offences • explore a range of factors that may lead to criminal behaviour • discuss a range of social and situational crime-prevention techniques • discuss the effectiveness of the law in punishing offenders.

1
Q

What is a Crime?

A

An act or ommision against the community at large that is punishable by the state

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2
Q

What is a State?

A

A government and the people it governs; a country

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3
Q

Who is an Accused?

A

The person or alleged offender who criminal action is being taken against.

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4
Q

What is meant by Prosecute?

A

When the Crown or state takes action against an accused person in a court of law.

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5
Q

What is the Crown in a court?

A

The state party that commences a criminal action in a court of law.

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6
Q

What is meant by “Beyond Reasonable Doubt”?

A

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

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7
Q

What is Actus Reus?

A

A Latin term meaning ‘guilty act’ that refers to the physical act of carrying out a crime.

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8
Q

What is Mens Rea?

A

A Latin term meaning ‘guilty mind’ meaning that the accused intended (to some degree) to commit the crime, knowing that their actions were wrong.

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9
Q

What is Recklessness?

A

When the accused was aware that their action could lead to a crime being committed, but chose to take that course of action anyway.

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10
Q

What is Criminal Negligence?

A

Where the accused fails to foresee the risk when they should have and so allows the avoidable danger to occur.

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11
Q

What is a Strict Liability Offence?

A

An offence where the mens rea does not need to be proved; only the actus reus (the guilty act) needs to be proved.

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12
Q

What is Causation?

A

The link between the behavior of the accused and the result (that is, that the behavior of the accused actually caused the alleged criminal act).

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13
Q

What is Trafficking?

A

Dealing or trading in something illegal, particularly drugs.

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14
Q

What is Homicide?

A

The unlawful killing of a human being.

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15
Q

What is Murder?

A

The deliberate killing of a person.

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16
Q

What is Manslaughter?

A

The killing of a person in a manner that is considered to be less intentional than murder.

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17
Q

What is Voluntary Manslaughter?

A

The killing of a person where the accused intended to kill or was reckless about killing someone but there were mitigating circumstances.

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18
Q

What is meant by Provocation?

A

The defence where the defendant claims that their actions were a direct result of another person’s actions, which caused them to lose control of their own actions. “They were provoked”

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19
Q

What are Mitigating Circumstances?

A

Circumstances that make an offence less severe; they can lead to a reduced sentance.

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20
Q

What is Involuntary Manslaughter?

A

The killing of a person where the death occurred because the accuesd acted in a reckless or negligent way without intending to kill.

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21
Q

What is Constructive Manslaughter?

A

The killing of a person while the accused was carrying out another dangerous or unlawful act.

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22
Q

What is Infanticide?

A

The death of a baby under the age of 12 months at the hands of its mother.

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23
Q

What is Assault?

A

A criminal offence involving the infliction of physical force or the threat of physical force.

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24
Q

What is Common Assault?

A

Assalt where there is no actual physical harm to the person assaulted; it includes threatening to cause physical harm to another person.

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25
Q

What is Sexual Assault?

A

When someone is forced into sexual intercourse against their will and without their consent.

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26
Q

What is Indecent Assault?

A

An assault and ‘act of indecency’ on or in the presence of another person without their consent.

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27
Q

What is Aggravated Sexual Assault in Company?

A

Sexual assault performed with another person or people present together with aggravating circumstances.

28
Q

What is Treason?

A

An attempt or manifest intention to levy war against the state, assist the enemy, or cause harm to or the death of a head of state.

29
Q

What is Sedation?

A

Promoting discontent, hatred or contempt against a government or leader of the state through slanderous use of language.

30
Q

What is Larceny?

A

When one or more people intentionally take another person’s property without concent and without intention of returning it.

31
Q

What is Robbery?

A

When property is taken directly from a victim, usually forcefully.

32
Q

What is Break and Enter?

A

When a person enters a home with intent to commit an offence.

33
Q

What is a White-Collar Crime?

A

A general term for various non-violent crimes associated with professionals or businesspeople, such as embezzlement, tax evasion or insider trading.

34
Q

What is Embezzlement?

A

When a person steals money from a business over a period of time while they are employed at that workplace.

35
Q

What is Tax Evasion?

A

An attemept to avoid paying the full amount of taxes due by, among other things, concealing or underestimating a person’s or business’s income or assets.

36
Q

What is Insider Trading?

A

When a person illegally trades on the share market to their own advantage using confidental information.

37
Q

What is Fraud?

A

Deceitful or dishonest conduct carried out for personal gain.

38
Q

What is Affray?

A

Using or threatening to use violence on another that would cause a reasonable person present at the scene to fear their safety.

39
Q

What is a Riot?

A

Similar to affray, but with 12 or more people using threatening to use unlawful violence for a common purpose.

40
Q

What is Attempt?

A

An offence where a principle crime was attempted but failed or was prevented for some reason despite the intention to complete it.

41
Q

What is Conspiracy?

A

When two or more plot to commit a crime together.

42
Q

What is a Summary Offence?

A

A less severe offence that is heard and sentanced by a magistrate in a Local Court.

43
Q

What is an Indictable Offence?

A

A more severe offence that is heard and sentanced by a judge in a District Court or tried before a judge and jury.

44
Q

What is Criminology?

A

The scientific study of crime and criminal behaviour.

45
Q

With what characteristics distinguishes criminal law from other areas of law?

A
  • Criminal Law is about protecting society.
  • Criminal actions include crimes against a person, the state and/or property.
  • The decision to prosecute the offender in court is made by the police or Director of Public Prosecutions.
  • The crown must prove its case beyond reasonable doubt.
46
Q

What are the three main levels of Mens Rea?

A
  1. Intention
  2. Recklessness
  3. Criminal Neglect
47
Q

What are the different types of Homicide?

A
  1. Murder
  2. Manslaughter
  3. Infanticide
  4. Dangerous Driving Causing Death
48
Q

What are the 8 Types of Offences?

A
  1. Offences against the Person
  2. Offences against the Sovereign
  3. Economic Offences
  4. Drug Offences
  5. Driving Offences
  6. Public Order Offences
  7. Preliminary Offences
  8. Regulatory Offences
49
Q

What are examples of “Offences against the Person”?

A

Homicide, Assault, Sexual Assault

50
Q

What are examples of “Offences against the Sovereign”?

A

Treason, Sedation

51
Q

What are examples of “Economic Offences”?

A

Property Offences, White-Collar Crime, Computer Offences

52
Q

What are examples of “Drug Offences”?

A

Trafficking, Possession

53
Q

What are examples of “Driving Offences”?

A

Speeding, Drink-Driving, Drug-Driving, Negligent Driving

54
Q

What are examples of “Public Order Offences”?

A

Offensive Conduct, Obstructing Traffic, Affray, Bomb Hoaxes

55
Q

What are examples of “Preliminary Offences”?

A

Attempts, Conspiracy

56
Q

What are examples of “Regulatory Offences”?

A

Breach of water restrictions, Fire restrictions

57
Q

What is Principle in the First Degree?

A

The person who actually commits the criminal act.

58
Q

What is principle in the Second Degree?

A

A person who assisted or encouraged the principle offender to commit the crime.

59
Q

What is Accessory before the fact?

A

Someone who has helped in the planning or preparation before the crime is carried out

60
Q

What is Accessory after the fact?

A

Someone who hass assisted the principle after the actual act is committed.

61
Q

What are factors affecting criminal behavior?

A
  1. Psychological factors
  2. Social factors
  3. Economic factors
  4. Political factors
    (5. Self Interest
  5. Genetic Theories)
62
Q

What are the aims of Situational Crime Prevention?

A

To make it more difficult for criminals to carry out a crime- stops a crime before it is commited.

63
Q

What are the two approaches of Situational Crime Prevention?

A
  1. Planning and Architectural Design
  2. Focused Approaches rest of rational choice theory, offenders weigh up potential gains, risks and costs.
64
Q

What does Social Crime Prevention attempt to address?

A

The underlying social factors that may lead to criminal behaviour.

65
Q

What underlying social factors may lead to criminal behaviour?

A
  • poor home environment and parenting
  • social and economic disadvantage
  • poor school attendance
  • early contact with the police and other authorities.

Year 12 Legal Studies NSW (11 decks)

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