chapter 1 summary - the nature of crime

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CHAPTER ONE SUMMARY: THE NATURE OF CRIME Tahni Valentine

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Page 1: Chapter 1 Summary - The Nature of Crime

CHAPTER ONE SUMMARY: THE

NATURE OF CRIME

Tahni Valentine

Page 2: Chapter 1 Summary - The Nature of Crime

CRIME A broad term used to describe many

unlawful activities from the extreme, such as murder, to more minor offences, such as speeding

A crime includes any act or omission which results in harm to society at large and is punishable by the state, including the court system and state or Commonwealth bodies

An attack on the standards expected by society, so it is the responsibility of all to punish the accused

Page 3: Chapter 1 Summary - The Nature of Crime

CONFLICT VIEW OF CRIME ‘Conflict view’ of crime argues that the

law in reality is a tool of the ruling class, so that the underclass can be controlled easier

Page 4: Chapter 1 Summary - The Nature of Crime

INTERACTIONIST VIEW ‘Interactionist view’ argues that crime

reflects the preferences and opinions of people who hold social power

Page 5: Chapter 1 Summary - The Nature of Crime

UNIQUE CHARACTERISTICS OF CRIMINAL LAW Criminal law is concerned with the

protection of society. A crime is an offence against society as a whole, and is punishable by the state. As opposed to civil law which relates to rights and responsibilities between individuals

Criminal actions include crimes against a person, the state and/or against property

The law provides for the state to take legal action against an accused, that is, to prosecute the offender in a court of law to obtain some form of sanction or punishment

Page 6: Chapter 1 Summary - The Nature of Crime

UNIQUE CHARACTERISTICS OF CRIMINAL LAW The police and/or the director of public prosecutions

decide to prosecute the offender in court – known as the state or crown – as opposed to civil law, where the action is commenced by the individual affected (the plaintiff) against the person responsible (the defendant)

The Crown must prove its case beyond reasonable doubt as opposed to civil law where the standard of proof is based on the balance of probabilities

The aim of criminal law is to protect the community and to provide a sanction of punishment to the offender if he or she is found guilty by a court of law. As opposed to civil law – where the aim is to address the defendant’s wrong by way of a remedy or court order in favour of the plaintiff

Page 7: Chapter 1 Summary - The Nature of Crime

ACTUS REUS & MENS REA Before a criminal act is able to be

brought to trial the police and prosecutors must prove that the following two crucial elements are present:

1. Actus reus (Latin for guilty act) – that the accused actually committed the crime

2. Mens rea (Latin for guilty mind) – that the accused person sufficiently intended to commit the crime

Page 8: Chapter 1 Summary - The Nature of Crime

ACTUS REUS – GUILTY ACT The physical act of carrying out the

crime Usually proven through physical

evidence and witness testimonies & is the easiest element to prove

Must be a voluntary act, but may be an omission or failure to act, such as in cases of criminal negligence, meaning that the accused failed to take a course of action when they had a duty to do so

Page 9: Chapter 1 Summary - The Nature of Crime

MENS REA – GUILTY MIND Refers to the mental state of the

accused In order for the prosecution to succeed

it must be able to prove that, to the necessary degree, the accused intended to commit the crime

The conscious and willing mind that was present in performing a crime

Page 10: Chapter 1 Summary - The Nature of Crime

THREE LEVELS OF MENS REA1. A clear, malicious or wilful intention to

commit the crime – murder – highest level2. Recklessness (intermediate level) – accused

was aware that their action could lead to a crime but chose to take that risk anyway – manslaughter

3. Criminal Negligence (lowest level of intent) – where the accused fails to foresee the risk where they should have and so allows the avoidable danger to eventuate and a crime to be committed – manslaughter by criminal negligence (R v Thomas; R v Manju Sam [No. 18] [2009] NSWSC 1003)

Page 11: Chapter 1 Summary - The Nature of Crime

CAUSATION The link between the behaviour of the

accused and the result (i.e. that the behaviour of the accused actually caused the criminal act alleged)

Requires the prosecution to prove a substantial link between the act and the crime

R v Munter [2009] NSWSC 158

Page 12: Chapter 1 Summary - The Nature of Crime

STRICT LIABILITY OFFENCES An offence where the mens rea does not

need to be proved; only the actus reus (the guilty act) needs to be proved

Generally minor offences, such as traffic offences or breaches of regulations

Page 13: Chapter 1 Summary - The Nature of Crime

CATEGORIES OF CRIMEType of offence Examples

Offences against the person Homicide, assault, sexual assault

Offences against the sovereign

Treason, sedition

Economic offences Property offences, white-collar crime, computer offences

Drug offences Trafficking, possession, use

Driving offences Speeding, drink driving, negligent

Public order offences Offensive conduct, obstructing traffic, affray, bomb hoaxes

Preliminary offences Attempts, conspiracy

Regulatory offences Breach of water restrictions, fire restrictions or public transport rules

Page 14: Chapter 1 Summary - The Nature of Crime

OFFENCES AGAINST THE PERSON Homicide:- e.g. Murder, manslaughter,

infanticide and dangerous driving causing death)

Assault:- both common assault and aggravated assault

Sexual offences:- Sexual assault – previously termed as rape, indecent assault and aggravated sexual assault in company

Page 15: Chapter 1 Summary - The Nature of Crime

OFFENCES AGAINST THE SOVEREIGN Include political offences against the state

or heads of state, such as treason or sedition

Treason:- any attempt or manifest intention to levy war against the state, assist the enemy, or cause harm or death of the Governor-General, prime minister or the Queen of Australia

Sedition:- involves any attempt to promote discontent, hatred or contempt against a government or leader of the State through slanderous use of language, such as urging violence against government

Page 16: Chapter 1 Summary - The Nature of Crime

ECONOMIC OFFENCES Include a wide range of crimes that can

result in a person/s losing property or sums of money:

- Crimes against property (e.g. Larceny, robbery and break and enters)

- White-collar crime (embezzlement, tax evasion and insider trading)

- Computer offences such as fraud and hacking

Page 17: Chapter 1 Summary - The Nature of Crime

DRUG OFFENCES Relate to acts involving prohibited or restricted

drugs. Drug offences focus on the movement of the drugs themselves including the growing, selling and use of the drug

Main drug offences:- Possession of a prohibited drug- Use of a prohibited drug- Cultivation- Supply of a prohibited drug Drug offence legislation:- Drug Misuse and Trafficking Act 1985 (NSW)- Summary Offences Act 1988 (NSW)- Customs Act 1901 (Cwlth)

Page 18: Chapter 1 Summary - The Nature of Crime

DRIVING OFFENCES Often strict liability offences resulting in

on-the-spot fines and include common crimes such as speeding, driving without a license or while disqualified, ignoring road signs

More serious driving offences include:- Drink driving- Reckless driving- Negligent driving causing death or

serious bodily harm- Failing to stop and give assistance in an

accident involving death or injury (hit & run)

Page 19: Chapter 1 Summary - The Nature of Crime

PUBLIC ORDER OFFENCES Offences deemed to disturb the public in some

way, such acts may be legal in the confines of your own home but illegal when done in a public space

They include:- Obscene, indecent or threatening language or

behaviour- Possessing a knife- Obstructing traffic or ignoring a police direction

to ‘move on’- Damaging public property- Affray:- using or threatening violence towards

another to cause reasonable fear- Riot:- 12 or more people using or threatening

violence for a common purpose

Page 20: Chapter 1 Summary - The Nature of Crime

PRELIMINARY CRIMES Refer to offences that precede the

commission of a crime or where the crime has not been completed for some reason

Attempts:- Section 344 of the Crimes Act 1900 (NSW) states that ‘any person who attempts to commit an offence for which a penalty is provided…shall be liable to that penalty’

Conspiracy:- occurs when two or more people jointly conspire to commit a crime with an explicit agreement

Page 21: Chapter 1 Summary - The Nature of Crime

REGULATORY OFFENCES Minor offences with lesser penalties

(usually strict liability offences) Usually set by the government

department or agency responsible for that area of law and policy

E.g.- Inappropriately watering the garden

during water restrictions- Breach of OH&S regulations- Fare evasion

Page 22: Chapter 1 Summary - The Nature of Crime

SUMMARY & INDICTABLE OFFENCESSummary offence Indictable offence

A less serious offence that is tried by a magistrate in the local court

A more serious offence (such as murder or rape) tried by a judge & jury

The judgement & punishment are determined by a magistrate

The judgement is determined by a jury & the punishment is determined by the judge

The charge is usually laid by a police officer or government officer

The charge is brought by a public prosecutor working for the state

The punishment is usually less severe, such as a fine, good behaviour bond or community service

The punishment will usually result in imprisonment or a hefty fine

Page 23: Chapter 1 Summary - The Nature of Crime

INDICTABLE OFFENCE TRIABLE SUMMARILY If an accused’s offence is deemed as an

‘indictable offence triable summarily’ then they can choose to have the case heard by a magistrate in the Local court or judge & jury in the district court

Advantages & Disadvantages to having a case heard in the district court:

Advantages Disadvantages

- Earlier hearing date - Lack of a jury

- Faster hearing

- Less formality & cost

- Possibility of lesser sentence

Page 24: Chapter 1 Summary - The Nature of Crime

PARTIES TO A CRIME Parties to a crime. E.g. Armed Robbery Principal in the first degree:- the person

who pointed the gun & took the money Principal in the second degree:- the

person doing the lookout at the door Accessory before the act:- Someone who

provided the weapon Accessory after the act:- The person

who drove the getaway car

Page 25: Chapter 1 Summary - The Nature of Crime

FACTORS CONTRIBUTING TO CRIME: Psychological factors:- Mental illnesses can often

cause people to react or cope with hard situations in a negative way. Also temporary psychological factors like ‘battered woman syndrome’ and ‘post-natal depression’ which need to be taken into account

Social factors:- A child who experiences violence when growing up is more likely to be violent towards his/her family as an adult – peer pressure could also influence offenders to commit crime

Economic factors:- People from disadvantaged backgrounds are more likely to commit crimes such as larceny or robbery – these people may not have had a good education resulting in unemployment or a low paying job causing them to commit crimes to obtain things that they want

Page 26: Chapter 1 Summary - The Nature of Crime

FACTORS CONTRIBUTING TO CRIME: Genetic factors:- Cesare Lombroso suggests that

criminals were ‘born criminals’ after researching the bodies of executed criminals – some people argue that the shapes and bumps on our skull and dimensions and facial features could tell a lot of criminal potential – however there is no such proof of this

Political factors:- Public order offences and rioting and crimes against the state such as treason or sedition could be explained by political factors which play an important role in explaining why many terrorist group’s actions and purpose

Self-interest or greed:- Self-interest could involve criminals committing crime to obtain power and money – revenge could also play a part in this

Page 27: Chapter 1 Summary - The Nature of Crime

SITUATIONAL CRIME PREVENTION Situational crime prevention shifts the

emphasis away from the criminal to the environment

This theory involves two approaches:- Planning and architecture design,

making crime difficult- Focused approaches resting on the

rational choice theory, whereby offenders are understood to weigh up the potential benefits of a crime against the potential risks

Page 28: Chapter 1 Summary - The Nature of Crime

SOCIAL CRIME PREVENTION Social crime prevention attempts to address

underlying social factors leading to criminal behaviour:

- Poor home environment & parenting- High truancy levels- Early contact with police and other authorities Governments attempt to address this with by

putting money into programs which focus on high truancy or disengaged students – the government may also provide parenting workshops

Getting young delinquents involved in sports has also proved a positive crime prevention technique