Studied by 2 people
Crimes against the person
crimes that direct violence or the threat of violence against others (assault)
crimes against the sovereign
killing the king
driving offences
Offences that involve breaking the rules of the road, such as speeding or not wearing a seatbelt
preliminary offences
Attempts, conspiracy
victimless crimes
violations of law in which there are no obvious victims (drug use)
economic crimes
an act committed in violation of the criminal law for the purpose of monetary gain and financial benefits (money laundering)
Public order offences
Acts that are deemed to disturb the public order in some way e.g. indecent language or behaviour
Regulatory offences
Breach of water restrictions, fire restrictions or public transport rules
doli incapax
A Latin term meaning "incapable of wrong"; the presumption that a child under 10 years of age cannot be held legally responsible for his or her actions and cannot be guilty of a criminal or civil offence
what is the minimum age of responsibility in australia
10
doli incapax for 10-13 yr olds
PROSECUTION must prove child has criminal intent and knew the law
doli incapax for 14-18 yr olds
They are deemed old enough to know their actions are wrong, but they are still offered protection in multiple ways under the law.
Actus Reus
'a guilty act'; the physical element of a crime
mens rea
criminal intent (guilty mind), fault elements
physical elements
voluntariness, omission. NO MENTAL IS TAKEN INTO ACCOUNT
Voluntariness
whether it was your decision or not (muscle spam, sleepwalking are INVOLUNTARY)
omission
not doing something that should have been done (feeding children)
fault elements (from highest to lowest level of severity)
intent, recklessness, negligence
Intent
intention or purpose (meant to rob a bank)
Recklessness
The state of being aware that a risk does or will exist and nevertheless acting in a way that consciously disregards this risk. Reasonably forseeable (driving with eyes closed)
Negligence
unknown consequence, but the result was so extreme it's a crime. (going to a country w/h a law about all boys wearing blue shirts, but tourist doesn't since they didn't know about law and gets arrested)
Common Law
made through judicial decisions; based on precedent
precedent
judges follow the other ruling judges have made in similar cases
Statute Law
Law made by parliament; introduced in a bill, then (if passed) becomes an act
crime
an act or omission against the community at large, which is punishable by the state; an act society has deemed to be criminal
context for crime
social and economic factors - culture, history, religion, political systems, social attitudes
perspectives
concepts on morality change geographically over time
Stakeholders
people/groups who are affected by the law and have interests in the issue
Law reform
the process of constantly updating and changing the law so it remains relevant and effective
Law Reform Process
find the problem, consults with stakeholders, consults with community, try to fix problems
Criminal law includes
investigation, enforcement, prosecution, defence, criminal trial, sentencing, punishment
Criminal law is concerned with
a wrong against the public as a whole
criminal law is about crimes
against a person, state or property
prosecution
the state or crown
police and/or director of public prosecution
prosecute offender in court parties
offender
a person who commits a crime; the accused or defendant
what is the standard of proof
The prosecution must prove that the accused is guilty beyond reasonable doubt
accused
a person officially charged with a crime
prosecute
(v.) to bring before a court of law for trial; to carry out
crown
state party that commences a criminal action in a court of law
Actus Reus
Criminal conduct- specifically, intentional or criminally negligent (reckless) action or inaction that causes harm.
Mens Rea
the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.
Do all crimes require mens rea?
no, speeding doesn't
are there various levels of actus rea?
yes - murder
physical elements
these are the elements that are tangible or can be visually seen.
fault element
intention, recklessness
Summary offence
A minor (less serious) criminal offence that can be heard in a Magistrates' Court without a jury.
Indictable offence
a serious offence generally heard before a judge and a jury
Parties to a crime
All those who take part in the commission of a crime, including those who aid and abet and are therefore criminally liable for the offense.
Principal in the first degree
person who actually commits the act, likely to recieve the highest sentence
An example of principal in the first degree
in an armed robbery, this is the person who pointed the gun and stole the money
Principal in the second degree
A person who was present at the crime scene and who aided, abetted, counseled, or encouraged the principal. May be given an lesser sentence (depending on circumstance)
Principle in the second degree example
in an armed robbery, this can be the lookout
Accessory before the fact
A person who orders a crime or helps the principal commit the crime but who is not present during the crime
Accessory after the fact
A person, who, knowing a crime has been committed, helps the principal, or an accomplice avoid capture or helps them escape
Accessory after the fact example
Driving getaway car, disposing of evidence
Ratify
sign or give formal consent to (a treaty, contract, or agreement), making it officially valid.
Constitution
outlines the rules for the government body of a nation; broad principles not specific rules
How do you change the constitution?
referendum - all people of voting age must vote, and they must get a majority yes in the vote and majority in states
Rule of Law
No one is above the law and it applies to everyone. A fundamental law
Separation of Powers
Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law
Checks and Balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
3 powers of government
Legislative, Executive, Judicial
3 powers of government are set in
the constitution
Constitutional Monarchy
A King or Queen is the official head of state but power is limited by a constitution.
who is the king represented by
governor general
Governer General
Represents the Queen in Australia
what does the governor general do
appoints federal judges, commander-in-chief of defence forces
Legislative Branch
the branch of government that makes and amends the laws; parliment
Who is in the legislative branch?
Senate and House of Representatives
Executive Branch
puts law into action; implements laws, present bills
Who is in the Executive Branch?
PM and cabinet, government departments
Cabinet
group of officials who head government departments and advise the PM - corruption is an option
Judiciary Branch
Interprets the laws
Who is in the Judiciary branch?
federal courts and high court
Judicial Review
Allows the court to determine the constitutionality of laws
judicial independence
insulating judges from the need to be accountable to voters or elected officials so that they can make impartial decisions based on the law
Drukheim
wrote anomie
Anomie
a sense of aimlessness or despair that arises when we can no longer reasonably expect life to be predictable; too little social regulation; normlessness
Anomie requires
rules and order to function happily within society
anomie example
rapid inequality, structured racism, mass wealth, rapid political change (with social upheaval), class divides, significant personal trauma, major economic crisis
what does anomie say about why crimes are committed
an individual's lack of belonging in society can lead to deviant/criminal behaviour
What did Foucault write
Discipline and Punish
what is discipline and punish
police, judges etc are above normal society, power is used for control, there is no rehabilitation
retribution
a repayment; a deserved punishment 'an eye for an eye'
Incapacitation
an approach to punishment that seeks to protect society from criminals by imprisoning or executing them
who wrote carcere e fabbrica
melossi and pavarini - 'The prison and the factory' in english
carcere e fabbrica
calls for a reconsideration of mass imprisonment to better reflect social change - why prison?
Minister of Education is a member of the….
executive
What does not relate to the fault elements of crime?
omission
What must be proved when prosecuting a strict liability offence?
actus reus
strict liability offence
Strict liability offences are offences which do not require proof that you intended to commit the crime. INDIVIDUAL
strict liability offences example
speeding, drink driving and drug driving.
Foucault argued that the criminal justice system was organised with the primary aim of:
maximising social control
Which of the following statements about the federal legislative process is not true?
Only members of the governing party can introduce bills to the House of Representatives.
What are some true statements about the federal legislative process?
The Governor General must provide royal assent for a bill to become law.
A double majority vote (majority overall and in each state) is required to pass a bill.
The Senate debates and votes on bills only after they have passed with a majority in the House of Representatives.
Define anomie and explain its relation to criminal behaviour
The person chooses criminal activity because the individual believes that there is no reason not to. In other words, the person is alienated, feels worthless and that their efforts to try and achieve anything else are fruitless
Explain the concept of a strict liability offence using one example
a strict liability defence is applicable only when it meets the following requirements –
No fault elements exist – it includes recklessness, intention, knowledge, etc. on the part of the accused) – responsible for the physical elements of the offence
The defence of reasonable and honest mistake exists
An excellent example to describe such a case would be an individual caught driving while their license – their legal right to drive – was suspended for whatever reasons. The police will charge them with a strict liability offence. In the event that they can successfully bring sufficient evidence that they were mistaken – not aware about their license suspension – they may be able to successfully defend their case.
explain fault elements
A fault element for a particular physical element may be intention, knowledge, recklessness or negligence.
explain intention
A person has intention with respect to conduct if he or she means to engage in that conduct
Note 
Flashcard (20)