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Crime by Mind Map: Crime

1. The Nature Of Crime

1.1. Crime Prevention

1.1.1. Situational Crime Prevention - Physical barrier

1.1.2. Social Crime Prevention - Aims to break the cycle of crime

1.2. Factors Affecting Criminal Behaviour

1.2.1. Phychological

1.2.2. Social

1.2.3. Economic

1.2.4. Genetic

1.2.5. Political

1.2.6. Self interest

1.3. Parties to a Crime

1.3.1. Prosecution / Crown / State ('R')

1.3.2. Defendant / Accused / Offender

1.3.3. Other

1.3.3.1. Jury

1.3.3.2. Magistrate (Only if the case if heard in Local Court, Coroner's Court or the Children's Court)

1.3.3.3. Judge (If the case is heard in the District Court, Supreme Court, High Court or Court of Criminal Appeal)

1.3.3.4. Court Officials (E.g. Barristers, Associate Judge, Bench clerk, Informant, Defence Solicitor or Duty Solicitor, Prosecutor and Judges Associate)

1.3.3.5. Witnesses (This can and cannot include the victim)

1.4. Classifying Crime

1.4.1. Offences against the person - murder

1.4.2. Offences against the sovereign/state - Treason

1.4.3. Economic offences - White collar crime like embezzlement

1.4.4. Drug offences - supply and possession of prohibited drugs

1.4.5. Driving offences - Breaches of traffic laws

1.4.6. Public order offences - acts which a 'reasonable person' would deem unacceptable

1.4.7. Preliminary Crimes - attempting or planning to commit a crime

1.5. Elements of Crime

1.5.1. Actus Reus - act

1.5.2. Mens rea - intention/guilty mind

1.5.3. Causation - causal link between act and intention

1.6. The Meaning Of Crime

2. The Criminal Investigation Process

2.1. Reporting and Investigating Crime

2.1.1. The investigations process begins once police are aware that a possible crime has been committed

2.1.2. Police have discretion as ti whether they carry out an investigation in moist cases (domestic violence is an exception)

2.2. Police Powers

2.2.1. Law Enforcement Powers and Responsibilities Act 2002 (NSW) (LEPRA)

2.3. Bail and Remand

2.3.1. The release of a persons on agreement to attend court to answer a criminal charge, usually with conditions attached

2.4. Arrest and Charge, Summons and Warrants

2.4.1. A police officer can arrest you if, for example:

2.4.1.1. You are committing an offence

2.4.1.2. You have, or he/she has reasonable grounds to suspect that you have committed an offence

2.4.1.3. You are breaching the peace

2.4.1.4. You have breached your bail conditions

2.4.1.5. A warrant has been issued for your arrest

2.4.2. A summons is a document issued to attend court

2.4.3. A warrant is a legal document issued by a magistrate or judge and authorises a police officer to serfdom a particular act.

3. Criminal Trial Process

3.1. The role of Juries

3.1.1. They are tribunal the tribunal of fact

3.2. Defences to Criminal Charges

3.2.1. Complete Defence - if proven results in acquittal

3.2.1.1. Mental illness/ insanity

3.2.1.2. Consent

3.2.1.3. Duress

3.2.1.4. Necessioty

3.2.1.5. Automatism/ accident

3.2.2. Partial Defence

3.2.2.1. Provocation

3.2.2.2. Substantial impairment by abnormality of mind / diminished responsibility

3.3. Burden and Standard of Proof and Use of Evidence

3.3.1. Standard of Proof - The standard which the case must be proven by the prosecution

3.3.2. Burden of Proof - The party who holds the 'burden' must prove the elements of crime

3.4. Court Jurisdiction and The Adversarial System

3.4.1. Local Court

3.4.1.1. Most criminal cases begin here

3.4.1.2. Presided over by a Magistrate

3.4.1.3. Deals with summary matters and less serious indictable matter

3.4.2. District Court

3.4.2.1. Has appellate jurisdiction from local court

3.4.2.2. Trial by jury or judge alone

3.4.2.3. Deals with most serious criminal offence except murder, treason and piracy

3.4.3. Supreme Court

3.4.3.1. Has appellate jurisdiction from District Court and Local Court

3.4.3.2. Highest court in NSW and deals with most serious criminal offences

3.4.3.3. Hears bail applications in relation to cases in this or other courts

3.4.3.4. Trial by judge or jury alone

3.4.4. Court of Criminal Appeal

3.4.4.1. Has appellate jurisdiction from District Court and Supreme Cours, is highest criminal appeal Court in NSW

3.4.4.2. Grounds for appeal include challenging a conviction involving a question of law, questions of fact, mixed questions of fact and law and regarding sentence severity or adequacy

3.4.5. High Court

3.4.5.1. Highest court in Australia

3.4.5.2. Leave usually reserved in criminal matters

3.4.5.3. Interpreting new ares of the law

3.4.5.4. Responsible for interpreting the Australian Constitution

3.4.6. Adversarial system of trial

3.4.6.1. A system where two opposing parties each present their side to a case - prosecution and defence present the relevant evidence to the decision maker (Magistrate / Judge / Jury)

3.5. Legal Personell and Legal Representation

3.5.1. Judge

3.5.2. Police

3.5.3. Police Prosecutor

3.5.4. Director of Public Prosecutions

3.5.5. Public defender

3.5.6. Jury

3.5.7. Victim

3.6. Charge, Pleas and Charge Negotiation

3.6.1. A plea refers to the accused’s answer to the charges against them - guilty or not guilty

3.6.2. An agreement between the prosecution and defence prior to the trial where the accused pleads guilty to a less serious charge, rather than going to trial on a more serious charge.

4. Sentencing And Punishment

4.1. Statutory and Judicial Guidelines

4.1.1. Judicial guidelines are guidelines judgements from superior courts aim to promote uniformity in the sentencing process

4.1.2. Mandatory Sentencing: removes judicial discretion e.g. Northern Territory and West Australian mandatory sentencing laws mandate goals terms in certain circumstances

4.2. Alternative Methods of Sentencing

4.2.1. Circle Sentencing

4.3. Post-sentencing Considerations

4.4. Appeals

4.4.1. Appeals exist to allow decisions to be reviewed and corrected if necessary

4.4.2. Appeals but be loved within 28 days of a conviction and sentence

4.5. Types of Penalties

4.5.1. Custodial

4.5.1.1. Periodic Detention

4.5.1.2. Imprisonment

4.5.2. Non-custodial

4.5.2.1. Fine

4.5.2.2. Bond

4.5.2.3. Probation order

4.5.2.4. Community Service order

4.6. Purpose of Punishment

4.6.1. Rehabilitation

4.6.2. Retribution

4.6.3. Deterrence

4.6.4. Incapacitation

4.7. Factors Affecting a Sentencing Decision

4.7.1. Aggravating

4.7.1.1. If the victim was a police officer, emergency service officer, health worker, teacher

4.7.1.2. Offence involved the actual or threatened use of violence

4.7.1.3. The offender has record of previous convictions

4.7.1.4. Offender was in a position of trust/authority

4.7.1.5. Victim was vulnerable (young, old, disabled)

4.7.2. Mitigating

4.7.2.1. Offender was provoked

4.7.2.2. Offender was acting under duress

4.7.2.3. Injury of emotional harm caused was not substantial

4.7.2.4. Offender does not have any record of previous convictions

4.7.2.5. Pleas of guilty by the offender

4.8. Role of the Victim

4.8.1. Victim Impact Statement

4.8.1.1. A statement by the victim of a crime that explains the harm suffered by the victim

4.9. Crimes (Sentencing Procedure) Act 1999 - Sect 3A