Crime: Criminal Law and Court Essay

Submitted By natmessinaa
Words: 3295
Pages: 14
Open Document
Crime – Chapter 1
Crimes Act 1900 (NSW) – the legislation under the Constitution regarding criminal law within our state.
Crime – ‘any conduct which violates the rights of the community at large, punishable by a recognised criminal sanction upon proof of guilt in a criminal proceeding presented by two parties and a judicial officer.’
Criminal law is concerned with the protection of society.
Criminal actions can be crimes a person, the state and/or property.
The Crown (state) take legal action against an accused, in order to prosecute them and obtain some sort of punishment.
The Crown – state party who commences criminal action in court of law against the offender (DPP), if against a state law.
Crown must prove its case beyond reasonable doubt (standard of proof).
Elements of Crime
Actus Reus – term meaning ‘guilty act’ that refers to the physical act of carrying out a crime (illegal act).
Mens Rea – term meaning ‘guilty mind’, accused intended to commit the crime knowing their action was wrong (intent).

Recklessness – accused was aware that their action could lead to a crime, but chose to take the risk anyway.
Criminal Negligence – accused does not realise the risks associated with their actions committed.
Causation – the behaviour of the accused actually caused the criminal act (mental disorder).
Strict Liability Offences – mens rea does not need to be proved.
Categories of Crime
Offences Against the Person – involves some form of harm or injury to an individual for e.g. homicide, assault or sexual assault.
Offences Against the Sovereign – offences against the state or head of state for e.g. treason, sedition.
Economic Offences – involves crimes against property, white-collar crime and computer offences.
Drug Offences – acts involving prohibited or restricted drugs for e.g. trafficking, possession, use.
Driving Offences – includes speeding, drink driving and negligent driving.
Public Order Offences – acts that are deemed to disturb the public order for e.g. offensive conduct, obstructing traffic, affray and bomb hoaxes.
Preliminary Offences – offences that precede the commission of a crime (attempts, conspiracy).
Regulatory Offences – includes breach of water restrictions or public transport rules.

Summary Offences – less severe and heard in the Local Court by a magistrate.
Indictable Offences – more severe and heard in the Supreme/District Court by a judge and jury.
Parties to a Crime
Principal in First Degree – commits the crime
Principal in Second Degree – assists in committing the crime
Accessory Before the Fact – helped plan the crime
Accessory After the Fact – helped afterwards (e.g. failure to disclose the police, watched it happen (lookout)).
Factors Affecting Criminal Behaviour
Psychological Factors – mental health issues
Social Factors – family situation or personal relationships
Economic Factors – people from disadvantaged backgrounds are more likely to commit crimes
Genetic Theories – this has not been proven, but are people born criminals?
Political Factors – crimes may be influenced by political decisions (riots)
Self-Interest – leading factor (offences against a person may be committed as revenge).
Crime Prevention: Situational and Social
Situational Crime Prevention – aims to make it more difficult for criminals to carry out crimes and stop a crime before it is committed through Planning and Architectural Design (installing bars or alarm systems in homes) and Focused Approaches (avoiding ‘hotspots’ or poorly lit/monitored alley-ways).
Social Crime Prevention – aims to address underlying social factors that lead to crime including poor home environment, social and economic disadvantage and poor school attendance. Many programs hae been funded such as Youth programs to teach children/adolescents dispute resolutions and social skills.

Criminal Investigation Process – Chapter 2
Police Powers
The responsibility for enforcing laws and ensuring they are adhered to
Show More

Related Documents: Crime: Criminal Law and Court Essay

Civil Law

CRIMINAL LAW VS. CIVIL LAW PAUL D LE CUCJ 250 BRANDMAN UNIVERSITY Criminal Law vs. Civil Law In 1789, judicial branch of the United States borrowed the traditional English common law system and adjust it to modern common law use today. The common law continues to define the severity of any offense and determine whether a crime is or not. When criminal cases brought before the courts are often divided into three categories: misdemeanors, felonies and treason. Misdemeanor is normally resolved…

Words 1026 - Pages 5

Rubber Rocks Essay

The Criminal Justice System Jackie Powers University of Phoenix Sara Burnette, J.P. CJS/200 December 6th, 2012 The Criminal Justice System Components of the Criminal Justice System There are three basic components of the criminal justice system, the executive, the legislative and the judicial branches of the government. The Legislature Legislature, both federal and state has the responsibility of defining the crimes and fixing the sentences for crimes…

Words 670 - Pages 3

DoneCriminal Justice System Essay

Criminal Justice System Jessica T. Calvin CJA/204 April 06, 2015 Steve Kurrle Criminal Justice System The rules and regulations in relation to crimes will vary from state to state. The moment an individual carries out an act that breaks a law, a crime is committed. A crime is a crime no matter the extent from minor speeding trafficking to breaking and entering. Regardless the crime one commits there will be a price to pay. The Criminal Justice System is the ideological institution responsible for…

Words 1078 - Pages 5

Law Enf Essay

Running Heading: AMSTERDAM Amsterdam Brian Salinas FVCC Law Enforcement Mrs.Charles Abstract Amsterdam is found to be on of the Netherlands and its mostly seen as its cannabis law on how it is legal. Amsterdams laws are not the same as America, they both have different views. Amsterdam seems to attract a lot of tourist with its exoctic rules but the attractions are with the marijuana smokers, they seem to think coming to amsterdam gives…

Words 1351 - Pages 6

Criminal Justice System Essay

Criminal Justice System Branden Johnson CRJ100 Prof. Harney 1/15/2012 Criminal justice system is a nationwide system of federal, state, and local agencies dealing with criminal problems. A criminal justice system has the standard foundation of the three branches of government (judicial, legislation, and executive). Criminal justice system, simply an analytic system; where officials are in charge of arrests, prosecution, and sentencing criminals. All of these components operate in a sequence…

Words 530 - Pages 3

Crime: Criminal Law and Smooth Functioning Society Essay

someone takes away or impedes the rights of the public? What protects us from criminal acts? Laws protect us and are developed from what the general public designates as unethical behavior that should not be tolerated. Once a crime is committed it is dealt with in ways to get the citizen rehabilitated and able to function without committing crime in society. The way criminals are dealt with and penalties for committing crime are factors that citizens can look at as deterrence. Reintegration and resilience…

Words 729 - Pages 3

Criminal Justice to Me Essay

To me, criminal justice means the difference between a civil society and all out anarchy. Without a criminal justice system there would be no rules and no protection from the evils of the world. The criminal justice system has its flaws, but without it, the world would be full of destruction and chaos. Now don’t get me wrong, our criminal justice system is not something that I would put all my faith it. With crooked cops, lawyers, judges, prison guards, and politicians even the innocent can be sent…

Words 500 - Pages 2

Crime And Punishment In Colonial America

The law, crime, and punishment was very harsh throughout Colonial America, yet held the colonies together. The law, crime, and punishment was strict, but it was efficient and important throughout the years. Since the punishment was so harsh, people would know not to disobey the laws or commit crimes. The law in Colonial America was not as organized before the Declaration of Independence was made in 1776. Before the Declaration of Independence, there was the English common law which came…

Words 501 - Pages 3

Essay on ms hollysue1996

Core 1: crime 1.1 the nature of crime Crime: an act or omission (failure to act) which is injurious to the public which is punishable by law, the state and judicial proceedings Characteristics of crime: Must be an omission which breaks law Act or omission which is harmful to the community as a whole Act or omission which is punishable by state offence must be proved according to criminal procedure Criminal law found in both statute and common law Most criminal offences are in state…

Words 3426 - Pages 14

Sentencing Essay 2

Sentencing law and punishment is undoubtedly one of the most important areas of law and criminal justice. The historical background of protective sentencing is particularly important since, as Pratt (1995,1996 cited Henman 2003, p.3) has argued convincingly, “It is closely linked to the postmodern emphasis on individual self-government and the related expectation that state intervention is necessary to protect citizen’s rights to life, security and self-determination”. Seemingly, the theories and…

Words 1813 - Pages 8