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33 Cards in this Set
- Front
- Back
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DEFINITION OF CRIME |
is an act or omission that is harmful to individual or society and is punsihable by law |
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Elements of Crime |
Actus Rea- Prove the act Mens Rea- Prove guilty mind 'intent' |
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Crimes that only require Actus Rea |
Driving offences speeding parking littering |
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Crimes that only require Mens Rea |
Murder Terrorism Drug Manufacturing Conspiracy |
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CAUSATION |
you have to prove a sequence of event that cause the crime However INDIVIDUALS UNDER 10 MENTAL ILLNESS LITTLE MENTAL CAPACITY does not count |
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Levels of mens rea |
Intention, Recklessness , Criminal Negligence |
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Strict liabilty |
Does not require the prosecution to prove the mens rea. Only the element of Acuts rea needs to be proven Mainly for minor offences. |
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Nauture of Justice |
Justice involves the fair and impartial treatment of all people under the law FAIRNESS EQUALITY ACCESS is to achieve justce |
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Rule of law |
That no one is above the law |
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Crimes against the person |
Sexual assault Infanticide Manslaughter Murder Assault and batter Child destruction |
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Crimes against the property |
Extortion Embezzlement Vandalism Arson Larceny Breaking and Entering Robbery |
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Traffic offences |
Dangerous driving Negligent driving Culpable driving Speeding Drink driving |
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Drug Offences |
Importation Conspiracy possession of equipment Possession and use Supply |
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White Collar Crime |
FORGERY Corrupt Commission Fraud Insider training Tax evasion Computer Crimes |
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Summary Offences |
Less serious Heard in the local court by magistrate No jury Penalties are less severe i.e short jail time and fines Legislation : SUMMARY OFFENCES ACT 1988 NSW |
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Indictable Offences |
Most serious Go to local court for a committal hearing heard in higher courts offences heard by a judge and makes sentence have the option of a jury Punishments are serve |
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Principle in the first degree |
Who is the person or persons who actually committed the main offence |
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Princple in the Second Degree |
Who is the person or persons who were present or who assisted in the principal in the first degree in committing the offence |
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Accessory before the fact |
Who is the person or persons who helped plan the offence but was not there when it occurred |
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Accessory after fact |
is the person or persons who helped the principles or found out about the offence after it had been committed. |
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Prosecution |
Is the party who takes the case to court generally govt in relation to criminal cases |
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Defendant |
Party against whom the case brought is |
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Sanction |
Is the sentence the court imposes i.e PUNISHMENT |
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Standard of proof |
Beyond reasonable doubt |
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Burden of proof |
Is on the prosecution who must prove that the defendant is guilty |
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Physcological factors |
Relevant to commission of an offence this factor will be importance during the criminal process arrest and sentencing GREY ANDERSON - KILLED LUKE BATTEY DUE TO DELUSIONAL BEHAVIOUR |
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Self Interest |
Will usually play some roles as a motivating factory in committing a crime Jardon Bellford - WOLF OF WALL ST MADE MILLIONS |
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Political Factors |
Offences against the sovereign or the state are likely to have some political factors including their omission Riots JULLIAN ASSANJE - LEAKED SECRET MILITARY INFO |
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Genetic theories |
No Studies relevant as a factor |
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Economic Factors |
One of the most substantial reason for committing crime, disadvantage background are more likely to commit a crime poor education lack of skills R VS MURPHY |
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Social Factors |
Factors influencing persons attitude towards crime include their family situation or personal relationship Social groups will influence ones attitude IVAN MILLET |
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Situation Crime Prevention |
Reactive Quick and easy Tangible/ visible Flexible politically easy Refers to situations where it is difficult for individuals to break the law i.e Alcohol/ Drug Control Breathalleaser in pubs and public events |
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Social Crime Prevention |
Proactive gradual Intangible Expensive Occurs through changing the social factors which cause people to be criminal. CSPD - Individual level strategies Family level strategies Community- level strategies |
