Legal Studies Crime Notes

7101 Words29 Pages
Crime and the Law Notes
Syllabus Themes:

* The role of discretion in the criminal justice system * Issues of compliance and non compliance in regard to criminal law * The extent to which the law reflects moral and ethical standards * The role of law reform in the criminal justice system * The extent to which the law balances the rights of victims, offenders and society * The effectiveness of legal and non-legal measures in achieving justice

Chapter 1: The Nature of Crime

Role of Criminal Law:

To protect society from those whose behaviour society has deemed to be unacceptable.

What is a crime:

A crime is an act or omission committed against the community at large that is punishable by the law.

Types of crimes:
…show more content…
c) Constructive manslaughter, when the accused did not want to kill but did so accidentally during the commission of the crime. * Infanticide: involves a mother causing the death of a child within the first year of life. This can also be used as a defence for mothers who say that mental illness affected their decision. * Reckless Driving: the driver did not intend for their actions to kill another is not as important as other factors e.g. speeding, DUI. Causation must be proven in this case. In some circumstances the accused has claimed poor road conditions. * Assault – causing physical harm or threatening to cause physical harm to another person. In certain cases assault can be acceptable, including boxing and self defence. * Sexual Assault – this involves sexual contact with another without their consent. Even when consent has been given, sexual assault can also occur. If a person over 16 has intercourse with a person under 16 they can be charged with sexual assault (statutory rape). This also occurs if a person is drugged/drunk for the purpose of having sex with them. Aggravated sexual assault comes with a longer sentence, because of the use of force.

Offences Against the Sovereign:

* Sedition – is an act of encouraging hatred or contempt on the monarch, government or the constitution. Some say that charging individuals with this is a breach of their freedom of speech. * Treason – involves a breach of allegiance
Get Access