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Flashcards

Crime

marnie.ovenden Inglês 63 flashcards

Flashcards do conjunto (63)

  1. 1Mens ReaPersons intention to commit a crime, except in the case of strict liability offenses the prosecution must prove that the accused was aware hat their actions would at least probably result in a crime being commited
  2. 2Actus ReusThe physical performance or conduct element. Must proven that the person actually carried out the crime didn't just think about it.
  3. 3CausationProsecution must show that there is a link between the act and the harm caused by it. The act must be what actually caused the crime.
  4. 4Indictable offenseOne society considers to be very serious, such as murder. Commital hearing and trial with a judge and jury.
  5. 5Summary offenseLess serious charge such as shoplifting or drink driving. Heard by a magistrate in the local court, without a jury. No greater than 2 years in prison.
  6. 6Offenses against personsIntended aim to cause injury to another person
    -Homicide
    -Assault
    -S Assault
  7. 7Offenses against the sovereignSedition-encouraging hatred or contempt of the monarch, government or the constitution
    Treason-breach of allegiance to your country in the form of causing harm to the monarch
  8. 8Economic Offensesdamage or result in the loss of another persons property.
  9. 9Crimes against property-Lacernery or theft
    -Braeking and entering
    -Robbery
  10. 10White Collar Crimes-Tax evasion
    -Insider Trading
    -Computer Crimes
  11. 11Drug offenses Driving offenses Public Order Offensesa
  12. 12Preliminary OffensesAttempts-attempt to commit a criminal act, the same as actually commiting except for murder
    Conspiracy-exists when two or more people agree to commit a criminal act, if the act was been planned and never even took place
  13. 13Social and EconomicPoorly educated, suffered family abuse will be more likely to commit a crime as they see society as a cause for their problems
  14. 14Genetic Theories-Poor impulse control
    -not a full fledged proven cause
  15. 15political factors-peaceful demonstration
    -terrorist attcks
    -violence
    -assassination
    Anger over governments
  16. 16Self Interest and Greed-materialistic and consumer driven, take things because its what they want
  17. 17Situational Crime PreventionMakining it difficult for criminals to commit crimes by increasing the risk of being caught and making the crime more difficult or less rewarding to perpetrate.
    e.g CTV Cameras, moving ATM it 1st floor
  18. 18Social Crime Preventiongive people access to society and an education in order to reduce the factors that are likely to cause a person to commit a crime.
    e.g. Youth Groups
  19. 19Police PowersLEPRA Act 2002-police powers
    Crimes (Criminal Organisations Control) Act 2009 (NSW)-increasing the number of powers being given to the police, and also the increasing range of activities that are being criminalised, has been criticised for being far too harsh and giving police powers that are too great.
  20. 20Reporting CrimeCrime Stoppers and Neighbourhood Watch designed to create a sense of teamwork between police and community. Many crimes go unreported-fear, revenge and suspicion
  21. 21Investigating Crimes Gathering Evidence-Physical (paper, coins, clothing, weapons other physical materials)
    -Electronic (photographs, mobile phone records, computer drives)
    -Witness Statements
  22. 22Use of Technology-CTV
    -DNA
  23. 23Search and Sezuire-right to search an arrested person, common law prohibits police from searching someone who is not under arrest
    -
  24. 24Arrest and Charge--they believe the person has committed, about to commit
    -Witness a person committing a crime
    -Have an arrest warrant
  25. 25SummonsSummary offenses, is a legal document that requires a person to attend court. Gives details of the charge
  26. 26Prima FacieA Case where in the first instance the evidence indicates that a crime has been commited.
  27. 27WarrantsArrest-issued to police authorising them to arrest a person where the court has been convinced that there is evidence. Prima Facie case against them
    Search Warrant- allows police to enter premises for looking for evidence.
  28. 28BailConditional release of a person until their case is determined by the courts. Requirement to report to the police on a regular basis, forfeiture of a passport, restrictions on where accsed can goo, who they can associate with, court bond
  29. 29Conditions for Bail-Bail should always be granted for offenses contained in the Summary Offenses Act 1998 (NSW)
    -Serious offenses, esp. Drug offenses there is a presumption against bail, bail will not be granted unless exceptional circumstances
  30. 30xRemandA special thype of detention that allows for a person accused of a serious crime to be held for the period between being charged and facing trial.
  31. 31Local CourtPresided over by magistrate
    1.Summary Hearing, summary offenses
    2.Commital Hearing-Indictable Offense, determine prima Facie and save time in higher courts as they can drop non PF cases.
  32. 32The Children's Court-very serious heard in a closed session at the Supreme Court
    -main aim to achieve rehabilitation
  33. 33The Coroner's Court-cause and manner of death of any person when there has been violent or suspicious death
    -cause of fires that damage property
  34. 34The Drug Court of NSW-local and district court jurisdiction
  35. 35Supreme Court and Court of Criminal Appeal-most serious indictable offenses and appeals from other courts
    -when magistrates have made errors
    -
  36. 36High Court of Australia-main role in areas of the constitution
    -matter of appeal only heard
  37. 37Magistrates-presides over local court
  38. 38Judges-ensures court is conducted according to rules of the court
    -excludes misleading evidence
    -ruling on points of law
    -advise but not convict jury
  39. 39Prosecuters-represent the state (society), prove that the accused is guilty of the crime and encourage a harsh penalty
  40. 40Defence Lawyers-represent the accused and their role is to counter the evidence of the prosecution, cast doubt in the minds of the jury and magistrate about realiability of the prosecution case
  41. 41Public Defenders Office Legal Aid-Salaried Lawyers who are paid by the government to ac independently of it.
    -ensure that people unable to afford legal aid have access to a lawyer
  42. 42The ChargeA form of accusation against a person, but does not imply guilt
  43. 43The PleaGulity or not gulity
  44. 44Charge Negotiation-used to get the accused to plea guilty
    -drop some charges
    -indication of a likely verdict
    -lesser charge if the accused pleads guilty
  45. 45Burden and Standard of Proof-convinced beyond reasonable doubt
  46. 46Defences to Criminal Charges Complete Defense-Mental Illness
    -Self defense-must have mens rea and actus reus, all or nothing defense
    Complusion-forced to carry it out, Neccessity and Duress
    Consent-not in relation to murder. used SA
  47. 47Partial DefenceProvocation-only for murder, reduction of charge from murder to manslaughter
    Impairment of Responsibility-
  48. 48Role of Juries-Convict guilty or not guilty
    -12 members
    -11-1 verdict
  49. 49Sentencing and Punishment Judicial Guidelines-reduce inconsistency who are giving discretion in deciding sentences
    -cases are treated alike
  50. 50Statutory GuidelinesCriminal Procedure Amendment Act 1998 (NSW), give statutory force
    Crimes (Sentencing Procedure) Act 1999-sets out general guidelines in sentencing offenders
  51. 51Deterrence-Specific
    -General
  52. 52Retribution-unfair for a person to gain from wrongful conduct
    -revenge
  53. 53Rehabilitation-help reduce and eliminate criminal behaviour by the convicted person
    -
  54. 54Incapacitationprinciple that convicted persons may be prevented from committing a further offence through imprisonment
  55. 55Victim Impact Statement-Give the victim an opportunity to be fully heard with respect to the impact of the crime on them, courts discretion of the impact
  56. 56Appeals-error of law
    -sentence is to severe
    -Prosecutions appeal that the sentence is 'manifestly inadequate'
  57. 57Types of Penalties Good Behaviour bond-breach of a good behaviour bond, issue a new sentence
  58. 58Probation-requires a defendant to enter into a bond to be supervised by a member of the probation service
    -comply with certain terms
  59. 59Caution-adults for minor drug offenses
    -caution for drugs as long as no more than 2 cautions have been issued
  60. 60Criminal Infingement Notice-like a fine
  61. 61Fines and Penalty Notices-
  62. 62Community Service Order-alternative to jail
    -cheaper and easier to manage
    -assists in rehabilitation
  63. 63Suspended Sentence-no more than 2 years suspend the sentence and release on a good behaviour bond, for ame length and original sentence

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FlashCards sobre Crime, criado por marnie.ovenden em 28-09-2015.
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marnie.ovenden
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