Defining Crimes

Question 1

What is the legal definition of crime?

Answer 1

Any behaviour which is specifically forbidden by criminal law. It must include two elements:
-actus reus (guilty act)
-mens rea (guilty mind)

Question 2

What are the two exceptions of mens rea and actus reus?

Answer 2

-strict liability: in some cases mens rea is not required as the act itself is enough to convict. Tends to be regulatory offences like a factory owner failing to safeguard staff.
-self defence: assaulting someone (actus reus) with intention of harm (mens Rea) is usually criminal however it’s not a crime if force was reasonable and for self defence purposes.

Question 3

What is the social definition of crime?

Answer 3

It reflects the fact that if society has said that an act is a crime then it becomes one, regardless whether it breaks the law or not.

Question 4

What are the types of court?

Answer 4

Different types of cases are dealt with in specific courts. For example, all criminal cases will start in the magistrates court, the the more serious criminal matters are sent to the crown court. Appeals from the crown court will go to the high court and potentially to the court of appeal or even the Supreme Court.

Question 5

What are the two main types of offences?

Answer 5

-summary offences: less serious crimes, tried by the magistrates, such as speeding
-indictable offences: serious major crimes like rape and murder which is tried in a crown court before a judge and jury. Sentences imposed here are much more serious.

Question 6

What are some types of criminal acts and examples?

Answer 6

-fatal offences against a person like murder
-non fatal offences against a person like assault
-offences against property like theft
-sexual offences like race
-public order offences like riots
-drug offences like possession of drugs

Question 7

What are the two categories of formal sanctions against crimes?

Answer 7

-court sanctions
-non court sanctions

Question 8

What are court sanctions and what do they include?

Answer 8

Court sanctions are issued by a judge or magistrate like:
-custodial sentences: immediately sent to prison.
-community service: between 40-300hrs of work.
-fines.
-discharges.

Question 9

What are non court sanctions?

Answer 9

-cautions: are given by the police for minor crimes, you have to agree to an offence and agree to be cautioned.
-conditional cautions: seminar to cautions but with an agreement to seek support.
-penalty notices

Question 10

What are the factions used to determine sanctions?

Answer 10

1. Seriousness of the crime.
2. harm caused by victim.
3. Offenders level of blame.
4. Previous convictions.
5. Personal circumstances.
6. Level of remorse.
7. Plea guilty or not guilty.
8. changing victims behaviour.

Question 11

What are some implications of crime?

Answer 11

-possible exclusions from certain occupations e.g working with children.
-could be banned from travelling to other countries.
-possible restrictions on adoption.