Nature Of Crime Flashcards
(27 cards)
In order to be found guilty of a crime what must be proven?
Men’s rea
Actus reus
What are ethics ?
Societies expectations of what is right
What is recklessness?
Someone who sees potential danger but commits the act anyway
What is negligence?
The actions of a person which led to a crime, but without the person foreseeing danger
What are the categories of crime ?
Offenses against the person Homicide- murder Homicide - manslaughter Homicide- infanticide Homicide- death by reckless driving
What does CANS stand for ?
Court attendance notice
Defences to a criminal charge include?
Mental illness Self defence All or nothing defence Compulsion Automatism Duress Necessity
What are the 2 forms of compulsion ?
Duress - accused claims person forced them to commit the crime
Necessity- the crime is not as bad as the possible outcome of not committing it
How is deterrence a purpose of punishment ?
Deterrence
- specific deterrence deters criminals from committing further crimes
- general deterrence makes an example of a criminal to deter others eg harsh sentencing
What is retribution ?
A form of punishment which seeks revenge on behalf of the victim
How is incapacitation and rehab a form of punishment?
Incapacitation is a direct way of protecting society from criminals
Rehab identifies underlying causes of criminal behaviour
The criminal trial process includes what courts ?
Local court-children’s and coroners court
District court
Supreme -state court of appeal & federal court
High court
What is the adversarial system?
2 opposing sides who argue their case before a court presided over by a neutral third party
Who is a prosecutor ?
Represents the state or society
Who is the magistrate ?
Determines guilt in summary cases
What is doil incapax ?
A child under the age of 10 cannot be guilty of a crime
What are categories of international crime ?
Piracy
War crimes
Crimes against humanity
What is diversionary punishment ?
Diverting bad behaviour into rehab or education programs
What are the security classifications ?
Min security
Med security
Max security
Super max
What is preventative detention ?
Aimed at offenders whose history has embedded criminal behaviour
What is continued detention ?
Aimed at sex offenders allows the Supreme Court to order continued detention where are report is prepared by a professional
What is a transnational crime ?
Cross jurisdictional boarders
What is situational crime prevention ?
Making it hard for criminals to commit crimes by increasing the risk of being caught eg) cameras
What is social crime prevention ?
Aims to give people access to society and education to reduce factors that contribute to a crime
