Crime HSC word list

crime

Any act of omission that results in harm and is punishable by the state.

state

a government and the people it governs; a country

accused

the person or alleged offence who criminal action is being taken against

prosecute

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

Crown

the state party that commences a criminal action in a court of law; in New South Wales, the action is usually commenced by the Director of Public Prosecutions; if the alleged crime is against a federal criminal law, the action is usually commenced by the Commonwealth Director of Public Prosecutions

beyond reasonable doubt

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

actus reus

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

mens rea

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

intention

a clear, malicious or wilful _________ to commit the crime. This is the highest and usually most difficult level of mens rea for the prosecution to prove.

recklessness

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

criminal negligence

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

strict liability offence

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

causation

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

trafficking

dealing or trading in something illegal, particularly drugs

homicide

the unlawful killing of another person

murder

the deliberate killing of a person

manslaughter

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

voluntary manslaughter

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

provocation

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

mitigating circumstances

circumstances that make an offence less severe; these can lead to a reduced sentence

involuntary manslaughter

the klling of a person where the death occurred because the accused acted in a reckless or negligent way without intending to kill

constructive manslaughter

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

infanticide

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

assault

a criminal offence involving the infliction of physical force or the threat of physical force

common assault

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

sexual assault

when someone is forced into sexual intercourse against their will and without their concent

sexual intercourse

broadly defined in the Crimes Act 1900 (NSW) to include oral sex or penetration of the vagina or anus by any part of another person’s body or by an object manipulated by another person

indecent assault

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

aggravated sexual assault in company

sexual assault performed with another person or people present together with aggravating circumstances

treason

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

sedition

promoting discontent, hatred or contempt against a government or leader of the state through slanderous use of language; in Australia, ______ includes the offences of urging force of violence against the government

larceny

when one or more people intentionally take another person’s property without consent and without intention of returning it

robbery

when property is taken directly from a victim, usually forcefully

break and enter

commonly known as burglary, _____ offences usually occur when a person enters a home with intent to commit an offence

white-collar crime

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

embezzlement

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

tax evasion

an attempt 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

insider trading

when a person illegally trades on the share market to their own advantage using confidential information

fraud

deceitful or dishonest conduct carried out for personal gain

affray

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

riot

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

attempt

an offence where a principal crime was attempted but failed or was prevented for some reason despite the intention to complete it

conspiracy

when two or more people plot to commit a crime together

summary offence

a less severe offence that is heard and sentenced by a magistrate in a Local Court

indictable offence

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

principal in the first degree

a principal offender, the person who actually commits a criminal act

principal in the second degree

a person who was present at a crime and assisted or encouraged the principal offender to perform the offence

accessory before the fact

someone who has helped a principal to plan or carry out a crime

accessory after the fact

someone who assists the principal after a crime is committed

criminology

the scientific study of crime and criminal behaviour

situational crime prevention

aims to make it more difficult for criminals to carry out a crime, therefore stopping a crime before it is committed

social crime prevention

attempts to address the underlying social factors that may lead to criminal behaviour

investigate

for the police, carrying out research to discover evidence and examine the facts surrounding an alleged criminal incident

arrest

to seize a person by legal authority and take them into custody

interrogate

to formally question a suspect in relation to an alleged crime

evidence

information used to support facts in a legal investigation or admissible as testimony in court

search and seizure

the power to search a person and/or their possessions and to seize and detain items that are discovered

reasonable force

force that is reasonably necessary for the officer to perform the function; the officer must honestly believe that it was justified and not excessive

warrant

a legal document issued by a magistrate or judge authorising an officer to perform a particular act, such as make an arrest, conduct a search, seize property or use a phone tap

charge

formal accusation of a person of committing a criminal offence

forensic

related to scientific methods of solving crimes, involving examining the objects or substances that are involved in the crime

in situ

a Latin term meaning ‘in the place’; used to describe the place in which a piece of evidence is found or situated

inadmissible evidence

evidence that cannot be considered by a judge or jury in court (for example, confessions that were obtained by force)

DNA evidence

genetic material (such as hair, blood and saliva) that can be used to link a suspect with a crime scene or criminal offence, or to clear a suspect

interrogation

the act or process of questioning a suspect, carried out by the investigating officers

caution

a statement issued by police to a suspect when they are detained to inform the suspect of their rights

bail

the temporary release of an accused person awaiting trial, sometimes on particular conditions such as lodgement of a sum of money as a guarantee

court attendance notice

a legal document that states when and where a person must appear in court and the charge to which they must answer

subpoena

a legal document issued by a court, requiring a person to attend and give evidence and/or to produce specified documents to the court

surety

in bail, where another person agrees to provide a financial guarantee that the accused will return to the court for trial in exchange for the accused’s release until that date

remand

a period spent in custody awaiting trial

appeal

an application to have a higher court review a decision of a lower court

court hierarchy

the system of courts within a jurisdiction, from lower courts to intermediate and higher courts

original jurisdiction

the authority for a court to hear a matter for the first time

appellate jurisdiction

the authority for a court to review matters on appeal from another court

committal proceedings

proceedings in which a magistrate determines if there is enough evidence for a case to proceed to trial in a higher court

magistrate

a judicial officer in the Local Court; in New South Wales, magistrates are appointed by the Governor

coroner

a judicial officer appointed to investigate deaths in unusual circumstances

coronial inquest

a court hearing conducted by a coroner to help determine the manner and cause of death

adversary system

a system of law where two opposing sides present their cases to an impartial judge or jury

inquisitorial system

a system of law where two sides present their cases to a judge who directs the cases and can call for particular evidence

police prosecutor

a NSW Police Force officer trained in prosecution; usually prosecutes summary offences

public prosecutor

a legal practitioner employed by the Director of Public Prosecutions; usually prosecutes indictable offences

public defender

a public barrister who can appear for an accused in a serious criminal matter where legal aid has been granted

legal aid

a subsidised legal service provided by teh state for those on low incomes.

plea

a formal statement of guilt or innocence by the accused

charge negotiation

an agreement between the Director of Public Prosecutions and the accused that involved the acceptance of a guilty plea, usually in exchange for something else

burden of proof

in criminal matters, the responsbility of the prosecution to prove the case against the accused

standard of proof

the level of proof required for a party to succeed in court

beyong reasonable doubt

the standard of proof required in a criminak case for a person to be found guilty. 

acquittal

a judgment that a person is not guilty of the crime of which they have been charged

mental health impairment or cognitive impairment

mental or cognitive impairment at the time of the act, meaning the accused cannot have formed the mens rea at the time of the offence, previously known as the defence or mental illness or insanity

automatism

an act that cannot be controlled or is not voluntary, such as an epileptic fit

mistake

where the defendant acted under an honest and reasonable mistake and thus could not have formed the mens rea