A good way to study - Crime (3 Viewers)

[melsc]

transnational
crimes committed in another jurisdiction...arg cant remember the rest

yep its the first one i said...thanks 4 reminding me of the other one

 

[goan_crazy]

lol take one for the team

 

[LaraB]

Offences against the State. Also known as political crime.
- Treason: offences against the sovereign and involves the breach of allegiance to the crow, by trying to kill or harm the king/queen.
- Sedition: incitement of hatred of the sovereign or government or the intention incite violence against the government in order to over throw it.
- Example using the case of R v Sharkey (1949). Where he made statements against the state and in favour of the communist party. Saying that if the Soviet Union invaded Australia aussie worker would welcome such an invasion. He also stated that workers should use force if fascists in Australia tried to stop them gaining power. He was found guilty of sedition.

Drug offences – possession, use, possession of equipment for the use or manufacture of illegal drugs, importation of illegal drugs, supply or possession for the purposes of trafficking, conspiracy. Are all drug offences. (I don’t really know how to define it.)

Public order offences – is a behavior which results in a disturbance of order that directly or indirectly affects the public in some way. Examples include:
- rioting
- offensive conduct

Traffic offences – these are both statutory and strict liability and are the most common offences. Offences include:
- driving through a red light
- speeding
- drink driving


Regulatory offences – is either potentially harmful to to others or involves behavior which the state feels should be regulated for the good of all. Examples of these include:
- lighting a BBQ during a fire ban
- not wearing a seat belt

‘Victimless’ crimes – a crime that does not threaten the person or person property. Examples include:
- illegal drug use

Preliminary crimes – this includes loitering, attempts to commit an offence, conspiracy..

lol man so sad that i still remember all this lol

good answer thought i'd just add a bit 4 ya

with treason and sedition - make sure you say 'governing body' ra ther than king/queen as treason is against the collective government not just king/queen so yes even little ol johnny is included in this (altho...overthrowin him may not be such a bad thing lol)
betterway of wording it would be to undermine the authority of or attempt to remove the governing body from power as inciting hatred technically may not always be sedition/treason coz i could be inciting hatred by standing in the middle of martinplace screaming the queen should die but its not really a crime in that sense

Drug offences are possession, use, distribution, trafficking or manufacture of illegal substances - make sure you don't say 'drugs' coz our teachers in school were all hsc markers and said that was a pet hate coz drugs means medicinal substances and alcohol too. so yeah you're right but words such as distribution and traficking and saying illegal substance instead of 'drugs' are all the little things that'll bump you up a band

Public order offences - an act, physical or non physical, which causes offense to public citizens. Offensive conduct isnt really a good way to say it as that is the big umbrella that all the others fall under. So you'd be best to say "this includes offensive conduct such as affray (technically word for stuff liike rioting - affray = 2 or more individuals collaberating in such a manner that creates public apprehension or endangers the public), offensive language, drunk and disordeerly, etc

Also good to say for traffic offences along with 'strict liabilty' to further explain that these are the only offences in which mens rea is nt required - the actus reus is sufficient. Again, little things that mean yuou're bumped up that extra band are things like instead of "drink driving" coz that's not the proper name, calling it PCA for short, or driving in excess of the Presrcibed Concentration of Alcohol, Failure to stop, Failure to obey regulatory signs etc.

Reulatory offenses arise out of the breach of regulations allowable through (largely) delegated legislation. They are as binding as legisltory requirements. There isnt much point in saying they are there coz the state thinks it could be harmful to others or that its for the good o all, as thats what all laws (are supposed to) do. It is better to define what makes them same/different from other laws.

A better way of wording 'victimless' crimes are one in which the perpetrator and victim are the same person. Saying a crime that does not the threaten the person or person's property is technically incorrect coz they are threatening someone - themselves and obviously, they are harming someone if teh law feels they should be prosecuted for their behaviour.

So yeah - i dont mean to be picky so please dont take it that way

But i thought since you obviously have all the info and you seem to know your stuff i'd let ya know the little tyhings that'll bump your mark up in to a high band 6 compared to a band 5

If you use all teh correct terminology and everything, its far more impressive than someone who gets the info right but doesnt word it in as sophistacated a manner

 

[goan_crazy]

good 2 c ur still into the yr12 legal LaraB :uhhuh:

 

[LaraB]

good 2 c ur still into the yr12 legal LaraB :uhhuh:

lol.. was looking on here fora friend coz her BOS isnt working on her comp and just thought i'd add that stuff coz i still rememebr it...

sadly you remember everything from hsc... espec i u do law after legal coz a lot of the same issues pop up again and you use some of the same basic cases n legislations.

 

[_Bushra_]

What does "Institutionalized inequality" mean? (I seriously need to know! plz help)

 

[_Bushra_]

Offences against the person – involve some form of injury to an individual. An example of this would be:
- manslaughter,
- murder
- assault
- battery
- sexual assault.

Economic offences-white collar crimes & offences against property
An economic crime is a crime where there is damage or loss to a victims property. A white-collar crime is the dishonest taking of money or property from a business by fraudulent means or non-compliance with the law. An example of an economic crime would be:
- theft
- larceny
- robbery

Offences against the State. Also known as political crime.
- Treason: offences against the sovereign and involves the breach of allegiance to the crow, by trying to kill or harm the king/queen.
- Sedition: incitement of hatred of the sovereign or government or the intention incite violence against the government in order to over throw it.
- Example using the case of R v Sharkey (1949). Where he made statements against the state and in favour of the communist party. Saying that if the Soviet Union invaded Australia aussie worker would welcome such an invasion. He also stated that workers should use force if fascists in Australia tried to stop them gaining power. He was found guilty of sedition.

Drug offences – possession, use, possession of equipment for the use or manufacture of illegal drugs, importation of illegal drugs, supply or possession for the purposes of trafficking, conspiracy. Are all drug offences. (I don’t really know how to define it.)

Public order offences – is a behavior which results in a disturbance of order that directly or indirectly affects the public in some way. Examples include:
- rioting
- offensive conduct

Traffic offences – these are both statutory and strict liability and are the most common offences. Offences include:
- driving through a red light
- speeding
- drink driving


Regulatory offences – is either potentially harmful to to others or involves behavior which the state feels should be regulated for the good of all. Examples of these include:
- lighting a BBQ during a fire ban
- not wearing a seat belt

‘Victimless’ crimes – a crime that does not threaten the person or person property. Examples include:
- illegal drug use

Preliminary crimes – this includes loitering, attempts to commit an offence, conspiracy.

Is that not the best answer! Lol.
Ouch, now my hands hurt. Oh well.

N e way next question folks.

HERA WTF is wrong with you?!

ur crazy! *gofer/alien!*

 

[William_Lawry]

‘Victimless’ crimes – a crime that does not threaten the person or person property. Examples include:
- illegal drug use

just a question.. would illegal drug use involve/threaten a victim

 

[monique66]

No, because the person who uses drugs in considered to be the only victim of their actions, thus its classified under a 'victimless crime'

 

[LaraB]

just a question.. would illegal drug use involve/threaten a victim

yes it does......but...for the purposes of defining crimes, they refer to them as "victimless" as the perpetrator and victim are one and the same. The reason for this, historically, is because criminal law protects society from unlawful acts of individuals/gropus which cause harm or apprehension to the greater public

So - yes for the puprposes of defining crimes they are referred to as "victimless" even though factually there is a victim and perpetrator as they are one and the same person so you cannot define the crime in the same manner that you define a crime in which one person harms another

 

[manifestation]

HERA WTF is wrong with you?!

ur crazy! *gofer/alien!*

yeah i know buddy but what the hell i was in the mood for legal :S

 

[goan_crazy]

cmon lets get back into it
what is differential association?

 

[manifestation]

DIFFERENTIAL ASSOCIATION IS A LEARNING THEORY WHICH FOCUSES ON THE PROCESSES BY WHICH INDIVIDUALS COME TO COMMIT CRIMINAL ACTS.
CRIMINAL BEHAVIOR IS LEARNED.


CRIMINAL BEHAVIOR IS LEARNED IN INTERACTION WITH OTHER PERSONS IN A PROCESS OF COMMUNICATION.


THE PRINCIPAL PART OF THE LEARNING OF CRIMINAL BEHAVIOR OCCURS WITHIN INTIMATE PERSONAL GROUPS.


WHEN CRIMINAL BEHAVIOR IS LEARNED, THE LEARNING INCLUDES
(A) TECHNIQUES OF COMMITTING THE CRIME, WHICH ARE SOMETIMES VERY COMPLICATED, SOMETIMES VERY SIMPLE;
(B) THE SPECIFIC DIRECTION OF MOTIVES, DRIVES, RATIONALIZATIONS, AND ATTITUDES.
Etc Etc

Pretty much isn't it your surroundings influence your behaviour. RIght?

and yes i shall get back into it

 

[goan_crazy]

good 2 c ur back into it mani-nice answer
no need for the caps but
next question:
what does the crimes sentencing procedures act cover?

 

[manifestation]

Oops!!! Omg i didn't even realise it was in caps! Oops! Sorry dude

 

[goan_crazy]

its cool
the question is up
u wanna answer it mani?
u seem to be the most active other member besides me lol

 

[still waiting]

doesnt crimes sentencing procedures act cover the arrest process and what sort of sentences eg strict liability and the fact that judges can use their discretion,
im not sure thats right i suspect i may be talking out of my arse but oh well....

 

[goan_crazy]

o wise one

 

[still waiting]

well hello to you too...
can u tell me am i right or talking crap? lol

 

[goan_crazy]

ok i think the crimes sentencing procedures act deals with the concept of truth in sentencing
it removed remissions and licencing

now thats what im talking about