The nature of crime Essay Example for Free

The nature of villainy EssayThe nature of evil embodies the offences made against the state representing society and the population. Within this fantasy is the operation of principles going to the rights of the victim and the accused in the illegal honor process.This process encompasses the commission and elements of the discourtesy going to the actus reus (action of the accused), mens rea (intention of the accused) and causal link to make knocked out(p) the horror the criminal investigation by the police the criminal trial process under the adversarial system the standard of proof beyond reasonable precariousness and the verdict to sentencing options available to the judiciary. This can be illustrated in the case of R v Munter (2009) NSWSC whilst demonstrating the causation in the death of a man assaulted by Munter acting on the mistaken belief that this man was breaching water restrictions, but showing that his intention to kill was absent whilst his actions contribut ed to the outcome. In this case, Munter received a custodial denounce for manslaughter.Summary and indictable offencesCriminal conduct is categorised by summary and indictable offences under the Summary Offences toy 1988 (NSW) and the Crimes Act 1900 (NSW) respectively according to their severity. A summary offence is a less serious matter heard in the Local Court (before a magistrate generally resulting in a bond, first-rate or a jail sentence of up to two years.By contrast, indictable offences be more serious matters heard at trial in the District Court (most serious offences of manslaughter, murder and aggravated sexual assault being heard in the Supreme Court) following a committal hear in the Local Court and before a judge and jury.Offences can be committed against people and airscrew but fundamentally these offences breach the law of the state with sentencing imposed by the state but not necessarily in the interests of the victim.From homicide (murder and manslaughter) t o, assault ( putting surface or aggravated) and sexual assault these can be contrasted with plaza and economic offences involving larceny, robbery or break and enter or white-collar criminal offenses involvingembezzlement, tax evasion and as can be seen in the case of R v Rivkin (2003) ALR, insider trading in which the accused used confidential stock market information in relation to Qantas sh bes for someoneal gain in which he was sentenced to nine months periodic detention.The different categories of crimeCategories of crime are branded by the type of offence, jurisdiction (NSW or Cth), the seriousness of the offence (summary or indictable) and the parties to a crime.This can include offences against the individual which is reflected as being a serious crime (homicide, assault and sexual assault). The case of Boughey v The Queen (1986) where a make strangled his wife during a sex game allegedly should have known that the act constituted a reckless indifference to human life sentence and therefore was convicted for murder clearly demonstrates this category of crime.Offences against the Sovereign refer to the main offences of sedition and treason within this area. The Vietnam War draft-card burning is an effective example which demonstrates the crime of sedition where thousands of American men protested based on the involvement of Americas involvement in the Vietnam War.This led to the case of United States v. OBrien where two parties argued before the Supreme Court in relation to the concept of sedition where OBrien was burning his draft-cards at a rally. (Does this have any relation to the Anti-Terrorism Act No.2 (Cth) 2002? and was introduced after 9/11) Economic offences is an new(prenominal) area of the criminal law and more significantly, is the largest area of criminal law as it encompasses most common types of crime.This includes crimes against property (larceny, robbery and break and enter) white-collar crimes (embezzlement, tax evasion and in sider trading and computer offences (hacking, unauthorized accessing, or modification of data). The media article Fear in the tumultuous Lane (ABC, 2009) demonstrates a situation of an economic offence and more specifically, hacking.It was based on the Alice Springs Turf Club where hackers accessed the online gambling system and brought it down. Main drug related to offences include the possession of a banned drug use of a prohibited drug cultivation (the growth of plant drugs i.e. cannabis) and the supply of a prohibited drug.Such legislation which has been passed to assist with the enforceability of keeping these types of crimes minimal include the Drug Misuse andTrafficking Act 1985 (NSW) the Summary Offences Act 1988 (NSW) and the Customs Act 1901 (Cth). Driving associated offences are some of the most commonly committed offences in NSW. Many of these offences will relate to the strict liability offences concept such as speeding.The most common driving related offences includ e exceeding the speed limit driving without a license or while disqualified ignoring road signs and driving higher up the legal blood alcohol limit of 0.05. Public order crimes are offences that relate to acts that are deemed to disturb the reality order in some direction i.e. disturbance in public.Some of the most common public order offences can include obscene, indecent or threatening language in public possessing a knife in public (with no reason) obstructing traffic and damaging public fountains or protected places. Preliminary crimes are offences split into two main categories of attempts of an offence and conspiracy.The concept of conspiracy occurs when two or more people plot to commit a crime together. In addition, the failure of an attempted crime can result in the equal possible length of sentence for that finical crime which is demonstrated in Section 344 of the Crimes Act 1900 (NSW) where a person who attempts an offence can be liable for the penalty. Parties to a cr imeThe concept of parties to a crime relates to the feature that other people can be involved in the act, either before or after the crime. This can effectively be reflected within the preliminary offence of conspiracy.The level of punishment is normally determined by that persons level of involvement in the crime and indeed there are four main categories of parties to a crime which are principal in the first degree (this is the principal offender) principal in the second degree (present at the crime i.e. encourager) accessory before the fact (someone who helped before the crime) accessory after the fact (someone who helped after the crime i.e. driving a getaway car).A range of factors that whitethorn lead to criminal demeanorA range of situational and social crime prevention techniques There are many significant factors which affect criminal behaviour. The scientific study of crime and criminal behaviour is known as criminology. This covers many aspects of why people might become criminals.Firstly, the psychologicalfactor is relevant during the drug rehabilitation process and particular sentencing programs. Secondly, social groups that people associate with will often influence a persons attitude and views of acceptable behaviour. For example, an abusive home environment may impact on ones future life.Thirdly, the economic factor is extremely significant as people from disadvantaged backgrounds (i.e. Sydneys western suburbs) are more likely to commit crimes. This relates to the impact of poor education and lack of skills. Fourthly, semipolitically, offences against the sovereign or against the state are likely to have some political factors influencing their commission. For Example the G8 Summit protest or the 2009 Copenhagen Climate Change Conference are both a major influence.Essentially, it is vital to understand the factors and motivations behind crime as it related to the possible impact of crime prevention (situational and social). Situational crime prevents usually involves one of the two following approaches firstly, planning and architectural design, which focuses upon the influence of physical environments upon crime and seconly, focused (situational) approaches, which rest on rational choice theory.Basically, situational crime prevention aims to make it more difficult for criminals to carry out a crime and therefore stop the crime before it is committed. Social crime prevention relates to the prevention of some of the social and economic factors that might contribute to a person committing an offence.This includes the prevention of a poor home environment/parenting social and economic disadvantage poor school attendance early contact with the police and other authorities. Fundamentally, it is progressively being fixed as such youth programs are run to teach dispute resolution skills and social skills that will encourage electric potential offenders to make better choices about their actions and their futures.