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Kevin Kingsley. Task 1: Crime. What is a crime. Crime is a general term used to describe a range of unlawful activities act or omission that violates the rights of the community at large. Criminals are prosecuted by the state via the criminal justice process.
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Kevin Kingsley Task 1: Crime
What is a crime • Crime is a general term used to describe a range of unlawful activities • act or omission that violates the rights of the community at large. • Criminals are prosecuted by the state via the criminal justice process
How is an act determined to be a crime • Social values reflect behaviour that is unwanted and through statute law and common law we establish acts and precedents to determine what acts or omissions are criminal • For the legal system to truly represent justice these laws are must be accessible, fair, and treat everyone equally under the law. • There has also been strong influence from international law
An example • Statute law clearly determines whether an act or omission is a crime • It is created from parliament which represents society and it’s values • And example of this is homicide; specifically murder: “Murder shall be taken to have been committed [actus reus] where the act of the accused, or thing by him or her omitted [actus reus] to be done, causing the death charged, was done or omitted with reckless indifference to human life or with intent [mens rea] to kill or inflict grievous bodily harm upon some person” - Crimes Act 1900 S18
Example Case law R v. Van Nguyen (2005) NSWSC 600 • Van Nguyen was charged with murder and attempted murder • He pleaded not guilty to murder, as he intended to commit a minor assault on them and had no idea he his partner was carrying a gun and he himself had no INTENTION of shooting them • The charges where therefore dropped down to manslaughter, as the judge claimed there was enough evidence to show that he knew his partner had a gun
Factors leading to crime The study of criminal behavior is called criminology. The Main reasons for committing an offence include: • psychological • social • economic • political factors • personal interest.
Primary crime prevention • This concept focuses on the causes of crime • It aims to reduce factors that lead to crime • It encompasses both situational and social crime prevention
Situational crime prevention • Situational- basically reduces opportunity for criminals to commit crime through influencing the physical environments upon crime. (planning & architecture) • Examples include; CCTVs, security gates, well lit areas, no alcohol areas, metal detectors. Etc • MEDIA: Crime prevention programs get boost • “The government will provide $4.3 billion in 2007-08 and an additional $364.5 million over four years for service improvements in the police and justice area” – Sydney morning herald
Social crime prevention • Social crime prevention involves influencing the social and economical factors that lead to crime • Includes welfare, housing programs, public schools, and youth programs http://www.youtube.com/watch?v=bK7qaWjPIGE&feature=channel
Bibliography Austlii • http://www.austlii.edu.au/au/legis/cth/consol_act/dpaa1973228/longtitle.html • http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s18.html Wikipedia • http://en.wikipedia.org/wiki/Capital_punishment Text book • Cambridge: Legal studies HSC (second Edition) Websites • http://www.agd.sa.gov.au/services/crime_prevention/pdfs/SocialCrimePreventionFactSheet.pdf • http://www.youtube.com/watch?v=bK7qaWjPIGE&feature=channel • http://news.smh.com.au/national/crime-prevention-programs-get-boost-20070619-j8s.html AIC – Australian institute of criminology • http://www.aic.gov.au/documents/D/C/7/%7BDC7BBA23-9324-48BA-8E7B-0D1E0B7A91C5%7DRPP01.pdf • http://www.aic.gov.au/documents/D/5/A/%7BD5A879FA-16B0-4350-933E-8A8634949F51%7Dcrm001.pdf