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Crime Syllabus by Mind Map: Crime Syllabus

1. Nature of Crime

1.1. Meaning of crime

1.2. Actus Reus = The criminal act

1.3. Mens Rea = Intent/Guilty mind

1.4. Strict liability offence = only need to prove actus reus not mens rea

1.5. Causation = Link between act and intent

1.6. Categories of Crime

1.6.1. Offences against person (murder)

1.6.2. Offences against sovereign (treason)

1.6.3. Economic offences/White collar crime (insider trading)

1.6.4. Drug offences (Intent to sell)

1.6.5. Driving offences (speeding)

1.6.6. Public order offences (loitering)

1.6.7. Preliminary Crimes (attempted murder)

1.7. Summary Offences = Less serious crimes, dealt with by a magistrate (Traffic offences)

1.8. Indictable Offences = Serious crimes offences dealt with by a judge (assault, robbery)

1.9. Parties to crime

1.9.1. Principal in the first degree = person(s) directly responsible or criminal act (robbed the bank

1.9.2. Principal in the second degree = person(s) who assists the principal in the first degree to commit the crime

1.9.3. Accessory before the fact = person(s) who helps plan a crime

1.9.4. Accessory after the fact = person(s) who knowingly assists the offender after the crime has been committed

1.10. Crime Prevention

1.10.1. Situational crime prevention = making the physical act of the crime harder to commit

1.10.2. Social crime prevention = trying to break the cycle of crime through targeting social factors

1.11. Factors affecting criminal behaviour

1.11.1. Psychological = mental factors such as mental illness

1.11.2. Social = People attitude towards authority

1.11.3. Economic = people who are economically disadvantaged

1.11.4. Genetic = lack of evidence to prove but states that some people are predisposited to commit a crime

1.11.5. Political = individuals and organisations opposing criminal laws

1.11.6. Self interest = person gain of power and/or wealth

2. Criminal Investigation Process

2.1. Police Powers

2.1.1. Police have certain powers and abilities governed by the Law Enforcement (powers and responsibilities) Act 2002 aka LEPRA

2.2. Reporting Crime

2.2.1. Citizens have discretion when reporting crime, police rely on the public to report crime even though there are numerous factors that cause people not to report a crime.

2.3. Investigating Crime

2.3.1. Gathering evidence = Evidence needs to support the crime, may be statements or objects, evidence contaminated or compromised is 'inadmissible'

2.3.2. Use of technology

2.3.3. search and seizure

2.3.4. Issuing/Using warrants = To use some police powers police need to gain a warrant from a magistrate

2.3.4.1. To use some powers police need to b

2.4. Arrest, Charge, summons and warrant

2.4.1. Arrest = Police have power to detain and question, after an arrest police have the right to interrogate after issuing a caution, police have certain duties and obligations to suspects, police have right to use reasonable force to detain, police must use judgment to make a lawful arrest

2.4.2. Charge = Formal process whereby suspect is charged with the particular offence(s) and receive notification of first court date, fingerprint taken at this time, 'Summons' issued

2.4.3. Summons = A legal document that states when and where a person must appear in court

2.5. Bail or Remand

2.5.1. Bail = Conditional freedom prior to the trail, police use discretion in whether to grant or deny bail. Bail Act 2014

2.5.2. Remand = If bail is denied accused is held in police custody until the end of the trial, if accused is found guilty the remand time is taken off the sentence.

2.6. Detention and interrogation, rights of suspects

3. Criminal Trial Process

3.1. Court Jurisdiction, NSW court system is hierarchical and provides the opportunities for appeal

3.1.1. Local Court = Magistrate, hears summary matters, most criminal cases start here

3.1.2. District Court = Has appellate jurisdiction from local court, jury or judge alone, all indictable offences except for murder, treason and piracy

3.1.3. Supreme Court = Appellate jurisdiction from disctrict and local court

3.1.4. Court of Criminal Appeal = Appellate jurisdiction from district and supreme court, highest criminal appeal court in NSW

3.1.5. High Court = Highest appeal court in Australia (criminal and civil), reserved in criminal matter for existing areas of law requiring clarification and interpreting new areas of law, responsible for interpreting the Australian Constitution

3.1.6. Children's Court = Deals with offences under 18yrs, closed court, rehabilitation is primary purpose of sentencing

3.1.7. Coroner's Court = Deals with suspected deaths, fires and explosions

3.2. Adversary System = Australia's system for courts to be run with two opposing parties (prosecution and defence)  ruled over by a neutral third party (magistrate/judge/jury), Standard of proof is 'beyond reasonable doubt'

3.3. Legal Personal

3.3.1. Magistrate = Presides over local court hearings and committal hearings

3.3.2. Judge = Presides over all other criminal courts, decides sentencing, remains impartial to make decision on evidence

3.3.3. Police = Federal and State Police are responsible for investigating crime, use their discretion to allocate resources to investigate various crimes, carry out situational crime prevention

3.3.4. Police Prosecutor = Member of police force with legal training

3.3.5. Complete defence = If proven, results in acquittal (Self defence, mental illness, consent, duress, accident and necessity

3.3.6. Director of Public Prosecutions = The ODPP (Office of the Director of Public Prosecution), prosecutes all serious offences, the ODPP does not investigate crime but conducts the prosecution on behalf of the community

3.3.7. Public Defenders = Are salaried barristers independent of the government who appears in serious criminal matters for clients who have been granted legal aid

3.3.8. Jury = 12 adult members of the community chosen from the vote registry

3.4. Pleas, Charge negotiation

3.4.1. Plea = Before the trial starts the accused is required to plea guilty or not guilty, if they plea guilty the accused goes start to sentencing, if they plea not guilty the trail begins

3.4.2. Charge Negotiation = A discussion between the prosecution and the defence as to what, if any, charges the defendant would be prepared to plea guilty to usually leads to a reduced sentence

3.5. Legal representation, including legal aid

3.5.1. Legal Aid = Legal aid plays a vital role in facilitating the access to justice, funded by the government, to be granted legal aid applicant mist past the means, merit and jurisdiction test

3.6. Defences to Crime

3.6.1. Partial defences, if proven charge goes from murder to manslaughter (Provocation, substantial impairment by abnormality of mind)

3.7. Role of Juries, including verdicts

3.7.1. Jury = Contains 12 adult members of the community, selecting a jury is known as empanelling, if a jury can not reach a decision it is known as a hung jury, majority verdict of 11:1 and 10:2 are allowed

3.8. Victim = Gives a Victim Impact Statement

4. Sentencing and Punishment

4.1. Statutory and Judicial guidelines, are both factors affecting the sentence

4.1.1. Judicial guidelines = Precedent set by court of higher jurisdiction

4.1.2. Mandatory Sentencing, Maximum Penalties

4.2. Purpose of punishment

4.2.1. Rehabilitation = Reforming the behaviour of an accused person through education, physical or mental treatment

4.2.2. Deterrence = Specific (aimed at the individual offender) and general (aimed at society as a whole) aimed at convincing the offender or society against committing offence in the future

4.2.3. Retribution = sentencing taking into account the effect of the crime upon the victim and society as a whole to ensure the punishment fits the crime

4.2.4. Incapacitation = where the sentence has the effect of removing the offender from society, imprisonment

4.3. Factors affecting a sentencing decision

4.3.1. Mitigating = Favourable to the offender, may lead to less severe punishment (Provoked, under duress, emotional harm)

4.3.2. Aggravating Factors = Increase the offenders culpability (blameworthiness) (victim was vulnerable, previous convictions)

4.4. Role of Victim in sentencing

4.4.1. Victims Rights & Support Act 2013 (NSW), protects the rights of a victim, victim gives victim impact statement before offender is sentenced

4.5. Appeals

4.5.1. Appeals allow for a retrial if there is an error of law, error of fact and against the severity of the sentence,

4.6. Types of penalties

4.6.1. Custodial

4.6.1.1. Imprisonment = Full time period of imprisonment is the harshest penalty which the court can impose

4.6.1.2. Periodic Detention = Known as weekend detention, offender serves time on the weekends allowing for offenders to keep link with family, employment and society

4.6.1.3. Suspended Sentence = Prison sentence suspended upon the accused entering a good behaviour bond

4.6.2. Non-Custodial

4.6.2.1. No Conviction Recorded = Offend doesn't receive criminal record. Used for first time offenders and summary offences

4.6.2.2. Fine = Monetary penalty imposed by court. Most frequently used used penalty in Australia.

4.6.2.3. Bond = Court imposed, places limits upon an offender's behaviour for specified period of time, if broken offender brought back to court.

4.6.2.4. Probation order = Offender is under the supervision and guidance of the NSW Probational Service

4.6.2.5. Community Service Order = Offenders are ordered to preform work in the community, aimed at rehabilitating the offender by giving them a chance to repay society

4.6.2.6. Caution = Formal warning issued by police

4.6.2.7. Forfeiture of Assets = obtained profits or property through criminal acts are seized by the court. Loss of assets is penalty of wrongdoing

4.6.2.8. Penalty Unit = Used to calculate the amount payable for criminal offence. Equal to $110

4.6.2.9. Home Detention = Substitute for custodial offence, sentence served at the offenders home

4.6.2.10. Criminal Infringement Notice (CIN) = On the spot fine for certain offences, not available to all offenders

4.6.2.11. Diversionary Programs = Rehabilitation, intervention and treatments offered to some offenders

4.7. Alternative methods of sentencing

4.7.1. Circle Sentencing = Alternative from of sentencing available for adult aboriginal offenders. Used to deal with more serious crimes

4.7.2. Forum Sentencing = Offender and victim come together with a police officer, support people and a facilitator. Aimed to discuss what happened and harm suffered

4.7.3. MERIT program = Magistrates Early Review Into Treatment program focuses on helping defendants addicted to drugs or alcohol

4.8. Post-Sentencing Considerations

4.8.1. Security Classification = Person sent into the prison the Department of Corrective Services examine the security risk that each prisoner presents. Prisoners are then sent to the most appropriate correctional facility

4.8.2. Protective Custody =  Prisoners who feel in danger from other prisoners can apply to be placed into protective custody

4.8.3. Parole = Given to prisoners under full time imprisonment for less than three years are released on parole at the end of non-parole period. With more serious crimes the parole authority must make decision to grant or deny bail

4.8.4. Preventative Detention = Aimed at offender with history of entrenched criminal behaviour, designed to detain people who are serious danger to community

4.8.5. Continued Detention = Used for offenders of indictable sexual offences.

4.8.6. Sexual Offenders Registration = Serious sexual offenders placed on a registration with access by the police, contains DOB, address, vehicle registration and name

4.8.7. Deportation = Non Citizens subject to a prison sentence of 12 or more months who have been an Australian resident for less then 10 years automatically fail the test in migration act 1958 (Cwlth) and can be deported