Task #1 Entire Deck

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?

1. The Governor General must provide royal assent for a bill to become law.

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1. A double majority vote (*majority overall and in each state*) is required to pass a bill.

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1. 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

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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