CRIME

CRIME

1. the nature of crime

   • categories of crime
     • offences against person
     • offences against sovereign
     • economic offences
     • drug offences
     • driving offences
     • public order offences
     • preliminary crimes
   • meaning of crime
     • act or omission committed against community + punishable by state
   • elements of crime
     • actus reus = guilty act
     • mens rea = guilty mind
   • strict liability offences
     • where only the actus reus needs to be proven e.g. traffic offences
   • causation
     • links between actions of the accused and the offence- what accused did and damage done
   • summary and indictable offences
     • summary = minor, less serious crimes
     • indictable = more serious/ complex crimes
   • parties to crime
     • princ in 1st deg
     • princ in 2nd deg
     • acc before fact
     • acc after fact
   • factors affecting criminal behaviour
     • psychological
     • social
     • genetic
     • self-interest
     • economic
     • political
   • crime prevention
     • social = try to break cycle of crime e.g. ads
     • situational = makes more difficult to committ crime e.g. cctv cameras

2. the criminal investigation process

   • reporting crime
     • police mainly rely on public to report crime e.g. crimestoppers
   • investigating crime
     • gathering evidence
       • legislation- evidence act 1995 (NSW) and law enforcement (powers and responsibilities) act 2002
       • can gather oral testimonies, DNA, physical evidence, electronic info etc
     • use of technology
     • search and seizure
     • use of warrants
       • legal document issued by mag/judge- authorises police officer to perform certain act e.g. searching property
   • arrest and charge, summons, warrants
     • warrants
     • arrest and charge
       • under what circumstances police can arrest you, when you need to show ID, when police can search etc
   • police powers
     • what police can and can't do- e.g. tasers in roberto curti case, discretion, rights and responsibilities, sniffer dogs
   • bail or remand
     • bail
       • release of person on agreement to attend court + usually with conditions attached
         • law reform to bail act- introduced unnacceptable risk test (2013) + show cause test added (2014)
     • remand
       • person is kept in custody until they go to court to answer charge

3. the criminal trial process

   • court jurisdiiction
     • high court
     • supreme court
     • district court
     • local court
     • children's court
     • coroners court
     • court of criminal appeal
   • the adversary system
     • two opposing parties
     • impartial third party (magistrate or judge
   • legal personnel
     • magistrate
     • judge
     • police prosecutor
     • Director of Public Prosecution
     • public defenders
   • pleas, charge negotiation
     • negotiation of charges to get accused lighter penalty/speed up court proccess
   • legal representation, including legal aid
   • burden and standard of proof
     • burden
       • prosecution- by the state
     • standard
       • beyond reasonable doubt in criminal cases
   • use of evidence, including witnesses
   • defences to criminal charges
     • complete defences (e.g. self defence, consent, duress, necessity, automatism, mental illness/insanity
     • Partial defences (e.g. provocation, substancial impairment)
   • role of juries, including verdicts
     • guilty or non guilty verdict

4. sentencing and punishment

   • statutory and judicial guidelines
   • the purposes of punishment
     • deterrence
       • specific
       • general
     • retribution
     • rehabilitation
     • incapatication
   • factors affecting a sentencing decision
     • aggravating circumstances
     • mitigating circumstances
   • the role of the victim in sentencing
   • appeals
   • types of penalties
     • no conviction recorded
     • caution
     • fine
     • bond
     • suspended sentence
     • probation
     • criminal infringement notice
     • penalty units
     • community service order
     • home detention
     • periodic detention
     • forefeiture of assets
     • divisionary programs
     • diversionary programs
   • alternate methods of sentencing
     • circle sentencing
     • restorative justice
   • post sentencing considerations
     • security classification
     • protective custody
     • parole
     • preventative detention
     • continued detention
     • sexual offenders registration
     • deportation