CRIMENature of Crime

Describe the nature of crime

The meaning of crimeo Crime – an act or omission committed against the community at large that is punishable by the state. The

legislation that affects all criminal offences is the Crimes Act 1900 (NSW)o Criminal law - distinguishing characteristics from other areas of laws

Concerned with the protection of society Criminal actions can include crimes against a person, state and a property The law provides for the state to take legal action against an accused, to prosecute the offender in a court

of law to obtain some form of sanction or punishment The police and the DPP (director of public prosecutions) decide to prosecute the offender in court The Crown must prove its case beyond reasonable doubt

Elements of crimeso Before a criminal act can be brought to trial, the police and prosecutors need to prove that the elements of a

particular offence is present; Actus reas- committed the crime (guilty act) Mens rea- intended to commit crime (guilty mind) refer to R vs Thomas Sam (2009)

The degree of intention is required to prove a crime and there are THREE levels of mens rea; intention: intention to commit the crime recklessness: when the accused was aware that they are committing a crime but choose to commit the

crime anyway negligence/carelessness: when the accused fails to foresee the risk where they should have and so allows

the avoidable danger to manifest

Causation

o Causation – the link between the behaviour of the accused and the result e.g. the behaviour of a criminal actually caused the criminal act refer to R v Munter (2009)

Strict liability offences – refer to the box on the left 1 | P a g e

NOTES The state – refer to the

government and the people that it governs

Accused – a person or alleged offender that the criminal action is taken against

Prosecute – when the crown take action against the offender in a court of law

The crown – the state of party who commences a criminal action in a court of law against the offender

Beyond reasonable doubt – the standard of proof required in a criminal case for a person to be found guilty

Strict liability offences – an offence where the mens rea does not need to be proved, only Actus reas need to be proved. These offences dramatically lower the level of proof required to achieve a criminal conviction, they are generally restricted to minor offences e.g. traffic offences, breaches of regulations, selling alcohol or cigarettes to people under the age of 18

COLOUR KEY Green – media/case Purple – example Blue – legislation/acts Red – important organisations/notes

Recognise the different categories of crime

Type of offence ExamplesOffences against the person Homicide – act of killing a human being

Assault – causing physical harm or threatening physical harm to another person Sexual assault – when someone is forced into a sexual intercourse against their will and without their consent Murder – the deliberate killing of a person Manslaughter – the killing of a person in a manner that is considered to be less intentional than murder. There are THREE

types of manslaughter; o Voluntary – occurs when a person kills with intent but there are mitigating circumstances (such as the defence of

provocation) which reduce their culpability (blame)o Involuntary – the killing of a person where the death occurred because the accused acted in a reckless or negligent

way but without the intention to kill the person.o Constructive – the killing of a person while the accused was carrying out another dangerous or unlawful act.

Infanticide – the death of a baby under the age of 12 months at the hands of its motherOffences against the sovereign Treason – an attempt to levy war against the state, assist the enemy or cause harm to or death of a head of state

Sedition – express hatred and discontent against a government of leader of the State through slanderous use of languageEconomic offences Property offences – larceny, break and enter, robbery

White collar crimes – economic offences that are usually associated with professionals and businesspeople and include embezzlement, tax evasion and insider trading

Computer offences – unauthorised access to, modification or impairment of restricted data. Drug offences Trafficking

Possession Use

Driving Speeding – going above the speeding limit Drink driving – going over the standard BAC when driving Negligent driving – causing traffic jams etc.

Public order offences Offensive conduct Obstructing traffic Affray Bomb hoaxes

Preliminary offences Attempts – to attempt to commit a crime Conspiracy – to plan a crime with more than one party

Regulatory offences Breach of water restrictions, fire restriction and public transport rules

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Define summary and indictable offences

Summary offences – less severe offences that are heard and sentenced by a magistrate in the local court

Indictable offences – more severe offences that are heard and sentenced by a judge in a district court or tried before a judge and jury

Parties to a crime The level of punishment will be determined by the level of the person’s involvement in a crime.

The parties to a crime are divided into four main categories;o Principal in the first degree – the person who actually commits the crime o Principal in the second degree – the person who was present during the crime and assist/encouraged the

principal offender to commit the crimeo Accessory before the fact – someone who has helped the principal to plan or carry out the crime e.g. someone

who helped planning/preparing before the actual act was carried out o Accessory after the fact – someone who assisted the principal after the actual act is committed e.g. driving a

getaway car or disposing of evidence

Examine a range of factors that may lead to criminal behaviour Main reasons for a person to commit a offence might include psychological or pathological, social factors, economic

factors or political factors. o Psychological factors – mental illness may affect a person’s behaviour in committing a crime. Psychological

factors will be relevant during sentencing and particular sentencing programs such as drug rehabilitation programs.

o Social factors – influencing a person’s attitude towards crime may include their family situation or personal relationships.

o Economic factors – poor education and lack of skills will often be closely related to economic factors e.g. larceny and robbery

o Genetic theories – none of genetic studies has been conclusive in showing that individuals with certain genes are more likely to commit a crime

o Political factors – e.g. offences against the sovereign or offences against the state (protests at the 2008 Copenhagen Climate Change Conference and terrorism related offences e.g. ISIS)

o Self-interest – personal gain (usually for money or power) e.g. white collar crimes such as embezzlement and insider trading

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NOTES Criminology – the scientific

study of crime and criminal behaviour

Comparison

Summary offences The judgement and

punishment are determined by a magistrate

The charge is usually laid by a police officer or government officer

The punishment is usually less severe, such as a fine, good behaviour bond or community service

Indictable offences The judgment is

determined by a jury and the punishment is determined by the judge

The charge is brought by a public prosecutor working for the state

The punishment will be usually result in imprisonment or a hefty fine

There are SIX factors that lead to criminal behaviour

Investigate a range of situational and social crime prevention techniques

e.g. uniformed police offers patrolling trains, shopping centres and the streets that have high criminal activity, community based organisations - Neighbourhood Watch

Situational crime prevention - involves making it difficult for criminals to commit crimes by increasing the risk of being caught

o Planning and architectural design – focuses upon the influence of physical environment upon crime e.g. installing bars, alarm system at home, use computer passwords, internet firewalls to deter the theft of data

o Focused (situational) approaches – rests on rational choice theory, which views offenders as actors who weigh up potential gains, risks and costs

Social crime prevention – aims to give 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. awareness programs on the consequences of crimes in schools, legal education

o Social crime prevention attempts to address the underlying social factors that may lead to criminal behaviour. These factors may include;

Poor home environment & parenting Social and economic disadvantage Poor school attendance Early contact with the police and other authorities

The Criminal Investigation Process Discuss the powers of police in the criminal process

Role of police – is to investigate crimes, make arrests if necessary, interrogate suspect and gather evidence against the accused. o Detain and question suspectso Search property and seize evidence (commonly known as search and seizure)o Use reasonable force if necessary to carry out dutieso Use particular technologies to assist an investigation, such as phone taps, surveillance or DNA sampleso Arrest and interrogate suspectso Recommend whether bail should be granted

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NOTESCriminal Investigation Process

Investigate – when police research into a crime to discover and examine the facts surrounding an alleged criminal incident

Arrest – to seize a person by legal authority and take them into custody

Interrogate – to formally question a suspect in relation to an alleged crime

Evidence - information used to support facts in a legal investigation or admissible as testimony in court

Search & seizure – the power to search a person or their possessions and seize and detain items that are discovered

Reasonable force – such force as is reasonably necessary for the officer to perform the function; the officer must honestly believe that it was justified and not excessive

Warrant – a legal document issued by magistrate authorising an officer to perform a particular act e.g. make an arrest, conduct a search, seize property or use a phone tap.

In NSW, crimes will be investigated by the NSW Police force or the Australian Federal Police. Law Enforcement (powers and responsibilities) Act 2002 (NSW)

Police will sometimes need to seek a warrant from a court to be able to use a particular power – such as making an arrest or using a phone tap – this is one type of check that is put in place in order to ensure special powers are used appropriately and not abused.

The NSW Police Force also follows a specific code of behaviour called the Code of Practice for Crime (Custody, Rights, Investigation, Management and Evidence), which sets out the rights of suspects and the manner regardless of age, sex, religious or ethnic background, or the severity of the crime they have committed.

If a suspect believe his or her rights have been abused, there are extensive compliments procedures available. The NSW Police Force is also overseen by the NSW Ombudsman and Police Integrity Commission.

Examine the reporting and investigating of crime Citizens play a vital role in the criminal justice system and that role is to report crime. Community programs

are designed for citizens to report crimes, these programs can assist police work. Crime Stoppers encourages people to report crimes and CS received over 47,000 contacts from the public in

2009, resulting in 298 arrests and 1376 charges laid. Crimes that are usually reported are theft and suspecting activity of a crime and crimes that are not usually

reported are domestic violence and sexual assault People may be reluctant to report a crime for a number of reasons such as;

o Reluctance to become involved or have to appear as a witnesso Fear of the consequences if the crime is reportedo Inability to report the crimeo The dispute has already been settled with the offender, such as a brawl or theft by a person known to

the victimo Perceived time or administrative burden of reporting a crimeo 85% of sexual assaults in Australia are not reported, due to embarrassment and shame the victims

would feel.

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NOTESCriminal Investigation Process

Investigate – when police research into a crime to discover and examine the facts surrounding an alleged criminal incident

Charge – formal accusation of a person of committing a criminal offence

In situ – ‘in the place’ used to describe the place in which a piece of evidence is found or situated

Inadmissible evidence – evidence that cannot be considered by a judge or jury in court, for example, evidence that has been compromised or was obtained by unlawful means

DNA Evidence – genetic material (such as hair, blood and saliva) that can be used to link a suspect with a crime scene or criminal offence)

COLOUR KEY Green – media/case Purple – example Blue – legislation/acts Red – important orgs/notes