Legal Studies

• Crime


  Any act or omission that results in harm to society at large and is punishable by the state
• Crimes are prosecuted by the state not the victim
• Legislation relating to crime was created mostly by statute
• Examples of legislation relating to crime

  • Crimes Act 1900 (NSW)
• There are many different types of crimes, each of which impacts different areas of society
• Crimes are linked to moral and ethical judgement about a person's behaviour. Therefore, what's considered to be a crime changes overtime along with society's changing attitudes and values
• Example of changing attitudes towards crime

  • Euthanasia
• Actus reus


  Guilty act - refers to the physical performance of a criminal act
• Elements of actus reus

  • The act or omission relevant for the crime actually took place
  • It was done by the accused
  • It was voluntary - the accused had full capacity of his/her actions
• Mens rea


  Guilty mind - a person's intention to commit a crime
• Levels of mens rea

  • Intention: clear, malicious or willful intent to commit the act or omission
  • Recklessness: accused was aware that their actions could lead to harm, but acted anyway
  • Criminal negligence: accused failed to apply the degree of care, skill and foresight that a reasonable person would have exercised
• Mens rea is a challenging element of crime for the prosecution to prove because it involves demonstrating an individual's mental state, which is often subjective and hidden, and must be proven beyond reasonable doubt
• Strict liability offences


  Minor summary offences that do not bring harm to an individual or society as a whole, where the prosecution must only prove actus reus whilst mens rea is disregarded
• In some cases, there can be a defence to strict liability: if the accused can prove the act was an 'honest and reasonable mistake'
• Causation


  Prosecution must show that there is a substantial link between the act and the harm caused by it
• Novus actus


  An intervening action/event between what the accused did and what happened to the victim, which can break the chain of causation
• Categories of crime


  • Offences against the person
  • Offences against the sovereign
  • Economic offences (property/white collar/computer)
  • Drug offences
  • Driving offences
  • Public order offences
  • Preliminary crimes (attempts and conspiracy)
• Offences against the person

  • Homicide
  • Assault
  • Sexual assault
• Offences against the sovereign

  • Treason
  • Sedition
• Economic offences


  • Larceny or theft
  • Break and enter (burglary)
  • Robbery
  • Tax evasion
  • Embezzlement
  • Insider trading
  • Computer offences
• Other categories of crime

  • Drug offences
  • Driving offences
  • Public order offences
  • Preliminary crimes (attempts and conspiracy)
• Summary offences


  Minor offences that can be dealt with quickly in a Local Court by a magistrate
• Indictable offences


  Serious offences that require a committal hearing and trial before a judge and jury
• Parties to a crime

  • Principal in the 1st degree
  • Principal in the 2nd degree
  • Accessory before the fact
  • Accessory after the fact
• Factors affecting criminal behaviour

  • Social factors
  • Economic factors
  • Genetic theories
  • Political factors
  • Self interest & greed
• Crime prevention


  • Situational crime prevention
  • Social crime prevention
• Situational crime prevention


  Stopping crime by fixing the situation where it might occur, e.g. making it more difficult, increasing the risk of getting caught, reducing the rewards
• Social crime prevention


  Attempting to change or alleviate the social factors underlying the reasons why people commit crimes
• Police powers


  • Responsibility for enforcing criminal laws and ensuring they are adhered to
  • Investigating crimes, making arrests, interrogating suspects, gathering evidence
• Most police powers in NSW are set out in the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA)
• There have been issues with police abusing their powers, such as using unreasonable force
• Not all crimes are reported to police, for reasons such as fear of revenge, suspicion of the police and legal system
• Reasons why crimes go unreported

  • Victims of assault: incident was "too trivial" or "nothing police could do"
  • Victims of domestic violence: cultural barriers
  • Victims of sexual assault: fear of further attacks, uncertainty about whether it classifies as "rape", belief that it is "normal"
• Around 65% of assaults and 70% of sexual assaults go unreported
• 18% didn't report because the incident was "too trivial" (not serious enough). 10% didn't report because "there was nothing police could do"
• Victims of domestic violence

  • There may be cultural barriers (e.g: language, fear of being isolated from their community, expectations of women in their culture, etc)
• There has been a move away from "local cops" - police are now moved into special squads rather than having community where they are known to the police
• NSW Bureau of Crime Statistics (BOCSAR)
• Victims of sexual assault

  • Fear of further attacks: fear that the attacker may be punished (especially if it is a family member, or close family friend, which it usually is)
  • Uncertainty about whether what happened to them will actually classify as "rape" (this comes from misunderstanding the law)
  • Young women may believe it is "normal" (if they are inexperienced, they many think that "this just happens"
• Around 65% of assaults go unreported