Legal Studies Crime Course

What is the definition of crime?

An act or omission committed against the community at large that is punishable by law, violating the rights of a community.

What are the two elements of a crime?

1. Actus Reus: the physical act of carrying out the crime; 2. Mens Rea: the intention to commit the crime.

What is actus reus?

The physical act of carrying out a crime, proven by evidence and witness testimony.

What is mens rea?

The guilty mind; the accused's intention to commit the crime.

What do strict liability offenses lack?

Strict liability offenses do not require proof of mens rea, only actus reus.

What are summary offences?

Less serious crimes that typically result in less than a 2-year sentence and are often resolved without a jury.

What are indictable offences?

More serious crimes that result in a sentence of more than 2 years and are usually tried in higher courts with a jury.

What is manslaughter?

A crime that involves a reduced level of intention, where it cannot be proven that the accused intended to kill the victim.

What is infanticide?

A special category of manslaughter that applies to mothers responsible for the death of a child under 12 months old.

What is treason?

An attempt or intention to harm or kill the head of state or assist the enemy.

What is economic offence?

Non-violent crimes such as embezzlement, tax evasion, and insider trading.

What are public order offences?

Acts deemed to disturb the public; examples include offensive conduct, affray, and bomb hoaxes.

Define psychological factors affecting criminal behavior.

Mental state influences motivations and is important in defenses and sentencing.

What is situational crime prevention?

Techniques placed within situations to reduce the opportunity for crime, such as security measures and community awareness campaigns.

What is the role of the Department of Public Prosecutions?

To prosecute criminal cases on behalf of the victim for crimes against the community.

What is the purpose of a committal hearing?

To determine whether there is sufficient evidence for an accused person to stand trial in a higher court.

What are aggravating factors?

Factors that increase the severity of punishment due to characteristics of the offence, victim, or offender.

What are mitigating factors?

Factors that may reduce the severity of punishment by explaining the conduct of the offender.

What is the principle of 'doli incapax'?

A legal principle stating that children under a certain age are incapable of forming criminal intent.

What is the primary focus of the Young Offenders Act 1997 (NSW)?

To divert young people away from courts and encourage them to take responsibility for their actions.

What constitutes international crime?

Any act or omission that has consequences on nation states, their citizens, and international law.

What are common examples of crimes against the international community?

Genocide, war crimes, and crimes against humanity.

What is the role of the Australian Federal Police in international crime?

To protect Australia from crime that occurs domestically and internationally, involving human trafficking, drug trafficking, and terrorism.

Define restorative justice.

An approach to justice that focuses on mediation and agreement between victims and offenders to address the harm done.