HSC Core I: Crime – The Nature of Crime The Meaning of Crime HSC Core I: Crime – The Nature of Crime Alisa Stephens Braidwood Central 2016
What is Crime? Braindump Eg: Murder, Robbery, Assault, Drugs, Tax fraud “Against the law” “Has a motive” “Results in jail” “Frowned upon by society” “Results in / could result in harm to others or their property” May be “Victimless” (but not really) Reflect values and morals Have the option to change over time Laws made by parliament or in courts What is Crime? Braindump
An act or omission committed against the community at large that is punishable by the state Define: crime An act or omission committed against the community at large that is punishable by the state Omission – failure to act, neglecting to do something Community at large – most of the community/most of society The state – a government and the people that it governs
Crimes vary from nation to nation (state to state or jurisdiction to jurisdiction) Why? What is considered a crime can be influenced by: Values and morals Religion Culture History Legal traditions
Law Reform Law reform is the process of changing (or updating) laws Why is it necessary? How does it occur? Law Reform Sometimes, archaic, outdated crimes remain, despite societal changes – there’s no automatic process to remove laws which are no longer necessary. Eg: homosexuality, witchcraft Sometimes, new crimes must be created to accommodate changes in society. Eg: computer crime
Features of criminal law To protect society (crime is “offence against society”) Crimes against a person, the state, and/or property The State takes action against the offender The Police make the decision to prosecute in court Burden of Proof is: Beyond a Reasonable Doubt Aim is: to protect the community & provide sanctions Features of criminal law