2. 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
3. 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
4. Crimes vary from nation to nation (state to
state or jurisdiction to jurisdiction), because
they reflect the values of each society.
What is considered a crime can be influenced
by:
Values and morals
Religion
Culture
History
Legal traditions
5. 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Sometimes, archaic, outdated crimes remain,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)
Sometimes, new crimes must be created to
accommodate changes in society. (Eg:
computer crime)
6. 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