Worksheet 1 - The Nature of Crime

CRIME: Worksheet One (Nature of Crime) 1

MEANING OF CRIME

Crime – an act or omission committed against the community at large that is punishable by the state.

The state – a term used to refer to the government and the people that it governs.

The problem with using such definitions is that they can oversimplify a complex area of law. They do not tell us what actually constitutes criminal behaviour and activity. If a person wanted to know if certain behaviour was a violation of the law, these definitions would be of no help. This is because crime is any act that lawmakers in a particular society have deemed to be criminal.

Most crimes are the result of moral and ethical judgments by society about an individual’s behaviour.

When a person commits a crime, it is deemed to be committed against all of society (as represented by the state), as well as any victim of the act. The criminal act is seen as an attack on the standards expected by society, so it is the responsibility of all to punish the accused. For this reason, criminal cases are bought by the state (acting on behalf of society), even though they are also attempting to redress an injustice committed against the victim.

Crime is a constantly changing area of the law: For centuries throughout the British Empire, the practice of witchcraft was considered a serious offence punishable by death. It was a commonly prosecuted crime. This resulted in infamous trials which were fraught with issues of criminal evidence and due process, false accusations and government intrusion on individual liberties. For instance, the Salem witch trials in 17th century Massachusetts, a colony in British America that later became part of the United States. As society’s attitudes evolved, the position was eventually reversed in Great

Britain with the amendment of the Witchcraft Act 1735 which removed the offense of witchcraft and instead made it a crime to pretend to practice acts of witchcraft.


CRIMINAL LAW

Criminal law is the area of law that deals with crime and encompasses many aspects, including:

1. Investigation2. Enforcement3. Prosecution4. Defence5. Criminal trial6. Sentencing7. Punishment

Important characteristics

Criminal law has a number of important characteristics that distinguish it from other areas of law:

a) Criminal law is concerned with the protection of society.b) Criminal actions can include crimes against a person, the state and/or against property.c) The law provides for the state to legal action against an accused, that is, to prosecute the

offender in a court of law to obtain some form of sanction or punishment.d) The police and/or the Director of Public Prosecutions decide to prosecute the offender

in court. They are known as the state or the Crown, as the offender is known as the accused or the defendant.

e) The Crown must prove its case beyond reasonable doubt. This means that if any other reasonable conclusion besides proving the criminal charges can be made from the evidence, there is reasonable doubt.

f) The aim of criminal law is to protect the community and to provide a sanction or punishment to the offender if he or she is found guilty by a court of law.


ELEMENTS OF CRIME

Actus Reus and Mens Rea

In order to be found guilty of a criminal act, 2 fundamental elements must be proven:

- The accused intended to commit a crime (mens rea)- The accused actually committed a crime (actus reus)

1) Actus reus (“guilty act”) refers to the physical performance of a criminal act.In most cases it must be proven that the person charged actually carried out the crime, rather than merely thinking about it. Physical evidence and witness testimony can help the prosecution prove that it was the accused that carried out the act. This is often the easiest element for the prosecution to prove. The actus reus must be a voluntary act, but it can also include an omission to act

– the accused failed to take a course of action when they had a duty to do so.

2) Mens rea, or the guilty mind, refers to the mental state of the accused. In order for the prosecution to succeed, it must be able to prove that, to the necessary degree, the accused intended to commit the crime.

The three main levels of mens rea include: Intention – a clear, malicious or wilful intention to commit the crime. This is the highest and usually most difficult level of mens rea for the prosecution to prove. Recklessness – an intermediate level of intent, this means that the accused was aware that their action could lead to a crime being committed, but chose to take that risk anyway. Criminal negligence – where the accused fails to foresee the risk where they should have and so allows the avoidable danger to manifest, usually resulting in harm or death of another person that the accused had a duty to protect.

R v Thomas Sam R v Manju Sam (2008)

In this case, a mother and father were charged with manslaughter by criminal negligence. The case revolved around the death of the couple’s 9 month old daughter who suffered from eczema. The parents has repeatedly rejected conventional medical treatment and instead relied on ineffective homeopathic treatments. The court found that the condition was medically treatable yet because treatment was denied, the child has unnecessarily suffered and died from it. The judge in the case, Justice Peter Johnson, concluded that it was the “most serious case of manslaughter by criminal negligence”. Both parents were sentenced to imprisonment.


Causation

A further consideration relevant when establishing the elements of a crime is that of causation – proving that there is sufficient causal link between the actions of the accused person and the result. This will often be relevant in proving the actus reus.

R v Munter (2001)

In this case, Todd Munter, was charged with manslaughter after he punched 66 year old Ken Proctor over a dispute. Mr Proctor fell to the ground after the punch and Mr Munter kicked him in the midsection with moderate force. Mr Proctor died from a heart attack as a result of the blows inflicted upon him by Mr Munter. Although there was no apparent intention to murder Mr Procter, the court deemed that Mr Proctor’s death was caused by the unlawful assault of the accused. Mr Munter was convicted of manslaughter and jailed for three years and three months.

Strict Liability Offences

Strict liability offences – an offence where the mens rea does not need to be proved; only the actus reus needs to be proved.

A strict liability offence is one where the prosecution only needs to prove that the accused carried out the act, and is not required to show that the accused intended in any way to commit the crime. Because strict liability offences dramatically lower the level of proof required to achieve a criminal conviction, and so lessen an accused’s rights in the criminal process.

Examples of strict liability offences are:

Traffic offences Breaches of regulations Selling alcohol or cigarettes to people under the age of 18


CATEGORIES OF CRIME

Type of offence Examples

Offences against the person Homicide, assault, sexual assault

Offences against the sovereign Treason, sedition

Economic offences Property offences, white-collar crime, computer offences

Drug offences Trafficking, possession, use

Driving offences Speeding, drink driving, negligent driving

Public order offences Offensive conduct, obstructing traffic, affray, bomb hoaxes

Preliminary offences Attempts, conspiracy

Regulatory offences Breach of water restrictions, fire restrictions or public transport rules

The main legislation for offences in NSW is the Crimes Act 1900 (NSW) .

Where else might criminal activities be identified?Offences are also included in numerous other NSW acts and regulations.


OFFENCES AGAINST THE PERSON

Offences against the person involve some form of harm of injury to an individual.

Homicide

Homicide – the unlawful killing of another person.

Murder – the deliberate killing of a person.

Murder is the most serious homicide offence and is punishable by life imprisonment.

In order to prove in court that a killing was murder, the prosecution must show that at least one of the following exists:

o The accused intended to deliberately kill the victimo The accused set out to inflict serious bodily harm, which resulted in deatho The act was done with reckless indifference to another human lifeo The act was done while committing or attempting to commit another serious

crime punishable by life or 25 years’ imprisonment

Boughey v The Queen (1986)

In this case, a doctor strangled his wife during a “sex game”. The court held that there was a substantial or good chance of harm, that Boughey had the capacity and knowledge to know better, and that the act constituted a “reckless indifference to human life”. Boughey was convicted of murder.

In the 12 months before June 2009, the number of recorded incidents for murder was 77. In the 12 months since then, the number fell to 76.

Manslaughter – the killing of a person in a manner that is considered to be less intentional than murder.

Manslaughter is the second type of homicide but differs from murder in the intent of the accused. Manslaughter involves a reduce level of intent and is punishable by up to 25 years’ imprisonment.

A person may be charged with manslaughter where it cannot be proved that they intended to kill the victim to the degree required for murder.

The three main types of manslaughter are:

1. Voluntary manslaughter occurs when a person kills with intent, but there are mitigating circumstances which reduce culpability.


2. Involuntary manslaughter is the killing of a person where the death occurred because the accused acted in a reckless or negligent way, but without intention to kill the person.

3. Constructive manslaughter is the killing of a person while the accused was carrying out another dangerous or unlawful act.

Provocation – a defence where the accused claims that the actions of another person caused them to temporarily lose control; the act of inducing rage, anger, or resentment in another person that may cause that person to engage in an illegal act.

Mitigating circumstances – conditions that may be considered by a court when determining guilt or innocence of a defendant.

Infanticide – the death of a baby under the age of 12 months at the hands of its mother.

The Crimes Act 1900 (NSW) required that the court take into account the state of mind of the mother at the time she committed the crime. Many women suffer from a condition called post-natal depression after the birth of a child.

Dangerous driving occasioning in death is a particular type of manslaughter enacted to deal with deaths as a result from motor vehicle accidents.

A conviction for this crime carries a maximum penalty of 10 years in prison. However, if the offence is aggravated by certain circumstances the penalty can be as much as 14 years’ imprisonment.

Assault

Assault – causing physical harm of threatening to cause physical harm to another person.

Common assault – threatening to cause physical harm to another person.

Physical assault is a direct act in which force is applied to another person’s body unlawfully and without their consent and is punishable by up to 5 years’ imprisonment.

Sexual assault – when someone is forced into a sexual intercourse against their will and without their consent.

Lack of consent is central to the crime of sexual assault and is defined in the Crimes Act 1900

(NSW) . It states that a person is not consenting where they are:

Substantially intoxicated by drugs and alcohol and therefore lack the capacity to consent Intimidated or coerced into the act, or If the accused is abusing their position of trust or authority over the victim.

Indecent assault – an assault and ‘act of indecency’ on or in the presence of another person without their consent.

Aggravated sexual assault in company – sexual assault performed without another person or people present together with aggravating circumstances.


R v AEM (Snr) R v KEM R v MM (2002)

The catalyst for change in the NSW law of sexual assault in company was the case of R v AEM. The case involved three young men (two brothers and their cousin). They lured two 16 year old girls to their home in Villawood. The girls were then forcibly detained and sexually assaulted over a period of several hours. The girls were threatened with knives and verbal death threats.

At the time, the only applicable crime was aggravated sexual assault, which carried the highest penalty of 20 years imprisonment. The men were originally sentenced to 5 – 6 years’ imprisonment each.

The abhorrent nature of these crimes led to a public outcry over the existing laws of rape, which were thought by a large segment of the public to be too lenient given the nature of the crime. Following the case, the NSW Parliament moved quickly to introduce new laws and tougher penalties, creating a new offence of “aggravated sexual assault in company” in s 61JA of the Crimes Act 1900 (NSW) . The new offence carries a maximum penalty of life imprisonment, equivalent to that for murder.


OFFENCES AGAINST THE SOVEREIGN

Treason – an attempt or manifest intention to levy war against the state, assist the enemy, or cause harm or death of a head of state.

Sedition – promoting discontent, hatred or contempt against a government or leader of the State through slanderous use of language e.g. offences of urging force of violence against the government.

Treason was a common law crime in England long before it was first codified by King Edward III

in the Statute of Treason in 1351. The crime of treason was imported to Australian law from

the UK and later enacted in NSW under Part 2 of the Crimes Act 1900 (NSW) , and in the

Commonwealth under the Crimes Act 1914 (Cth) and later under s 80.1 of the Criminal

Code 1995 (Cth) . Under the NSW Crimes Act, the 1351 Act is expressly continued in force. Treason involved any attempt or manifest intention to levy war against the state, assist the enemy, or cause harm to or death of the Governor-General, prime minister or the Queen of Australia. Treason was formerly a crime punishable by death. Today, it is punishable by up to 25 years’ imprisonment (NSW) or life imprisonment (Commonwealth).

Sedition is another type of crime against the state that involves promoting discontent or overthrow of the government or sovereign. Dating back to at least 1606, a seditious act historically involved any oral or written intention to bring the sovereign into hatred or contempt, and included inciting disaffection against the government or parliament.

In Australian laws, under s 80.2 of the Criminal Code 1995 (Cth) , make it a crime to urge another person to use force or violence to a particular end, such as overthrowing the government or Constitution or interference in parliamentary elections. The offences are punishable by up to 7 years’ imprisonment.

R v Sharkey (1949)

In 1949, while he was General Secretary of the Communist Party of Australia, Sharkey stated that if the Soviet Union invaded Australia, Australian workers would welcome it. Sharkey was charged with attempting to incite the overthrow of the government, and found guilty of sedition. Sharkey appealed the decision to High Court, claiming that he had been speaking only hypothetically. The court ruled that the Crimes Act 1900 had been breached as Sharkey’s comments had in fact been seditious.


ECONOMIC OFFENCES

Economic offences fall into three main categories:

Crimes against property White-collar crime Computer offences

1. Crimes against property LarcenyThis is the most common property offence and is more commonly known as “theft” or “stealing”. Larceny occurs when one or more persons intentionally take another person’s property without their consent and without the intention of returning it. The offence of larceny is punishable by up to 5 years’ imprisonment, but this may differ depending on the type of larceny involved. Robbery This is a more serious offence that larceny. It occurs when the use of force is present in the act of stealing goods or when property is taken directly from a victim. If the robbery is accompanied with the use (or threatened use) of a weapon then the crime is called “armed robbery” and will carry an even higher sentence. Break and enter This is commonly known as burglary. The term refers to a series of offences that generally occur when a person or persons enters a room or building (such as a private residence) with the intention of committing an offence.

2. White- collar crimeWhite-collar crime is a term given to various non-violent crimes associated with businesspeople or professionals. White-collar crime is often difficult to detect and can be time-consuming and expensive to investigate.

Three of the most common white-collar crimes include: EmbezzlementThis term describes when a person (usually an employee) misappropriates another person’s property or money that they have been entrusted with. Tax evasionThis occurs when a person or company tries to avoid paying taxes to the government. Tax evasion can incur high penalties when discovered. Insider trading This is an offence related to the buying and selling of company shares. It occurs when a person (usually a stockbroker or company director) obtains confidential inside information about a company that will affect the share price. The information will usually relate to the share price significantly increasing or dropping, which the offender will take advantage of.


R v Rivkin (2003)

Rene Rivkin was found guilty of insider trading after a long-running investigation for having purchased some 50 000 shares in QANTAS in 2001. It was found that Mr Rivkin had been told confidential information by a company executive just hours before he bought the shares of an impending merger between QANTAS and the company, Impulse. The purchase resulted in small profit of $2662.94. Mr Rivkin was convicted and sentenced to 9 months of periodic weekend detention, and his stockbroker licence was separately banned.

3. Computer OffencesComputer offences include various crimes related to hacking and unauthorised access or modification of data.

Computer crimes might occur, for example, where the offender breaks through the security firewalls of a company’s computer and alters or steals the company’s data. Such crime might result in private financial data (such as those related to people’s personal bank accounts or credit cards) being made available to people who could use it unlawfully.

Fraud

Fraud is a further type of economic offence that can include white-collar crime, property offences or computer crime.

Fraud refers to deceitful or dishonest conduct carried out for personal gain.

Fraudulent crimes are becoming increasingly relevant with advances in technology, especially relating to internet use.

Common types of fraud include identity theft, internet phishing or requesting funds or account details by email under fraudulent pretences.

Identity fraud might involve a person using another person’s personal details to apply for credit cards or loans. is one of the fastest growing areas of crime in Australia, with the Australian Federal Police estimating the cost to the Australian public at over $4 billion a year.

Examples:

Banking and online account scamsChain letters and pyramid scamsHealth and medical scamsIdentity theft scams


Job and employment scamsMobile phone scams


DRUG OFFENCES

Drug offences – relate to acts involving prohibited or restricted drugs. Drug offences focus on the movement of the drugs themselves, including for example the growing, selling and using of the drug.

In NSW, the Drug Misuse and Trafficking Act 1985 (NSW) outlines numerous offences related to prohibited or restricted drugs, with some additional offences included in the

Summary Offences Act 1988 (NSW) . The main federal legislation relating to drugs is the

Customs Act 1901 (Cth) and will most often apply where there is an international element to the offence, like cross border drug trafficking.

The most common drug offences include:

a) Possession of a prohibited drugThe drug must in the control of the accused, and the accused must know about it

b) Use of a prohibited drugThe intentional consumption of the drug by any means (although this will not apply if the use occurs in a medically- supervised injecting centre)

c) CultivationApplies to the growth or cultivation of a prohibited plant, such as cannabis

d) Supply of a prohibited drugThis is a broad offence including offering or agreeing to supply, regardless of whether or not the actual drug or money really changed hands

Drug offences will often carry severe penalties. Users may often face penalties such as attending a drug rehabilitation program and complying with a good behaviour bond. Suppliers or those who make drugs are dealt with much more severely, as their actions are deemed to have a greater impact on the community as a whole. Drug traffickers face lengthy jail sentences in Australia, particularly for international trafficking. In some countries (including Indonesia, Singapore and Malaysia), traffickers may face the death penalty.


DRIVING OFFENCES

Driving or traffic offences are some of the most commonly committed offences in NSW. Driving

offences are included under both the Road Transport (Safety and Traffic Management) Act 1999 (NSW) and the Crimes Act 1900 (NSW) .

The police enforce and process many driving offences through the imposition of on-the-spot fines. Such fines will generally relate to strict liability traffic offences like speeding. These offences are easier to process as they only require the police to show that the act was committed by the offender, without needing to consider the individual’s intention or state of mind.

Traffic offences are regulated by the NSW Roads and Traffic Authority (RTA), which controls the demerit system where offenders will lose points from their driver’s license if caught committing certain traffic offences.

The most common traffic offences include:

Exceeding the speed limit Driving without a license or while disqualified Ignoring road signs Driving above the legal blood alcohol level of 0.05

Driving offences can include serious offences punishable by significantly higher penalties. Such offences include reckless driving, negligent driving causing death or serious bodily harm, or failing to stop and give assistance in an accident involving death or injury. They also include driving under the influence of prescribed drugs or with an excessive blood-alcohol level. Serious traffic offences will be dealt with through the courts and may result in the imposition of larger fines, suspended or cancelled licences or imprisonment.


PUBLIC ORDER OFFENCES

Public order offences relate to acts that are deemed to disturb the public order in some way.

There are a number of public order offences listed in the Summary Offences Act 1988 (NSW) and under Part 6A of the Crimes Act 1900 (NSW) .

Public order offences are often acts that society deems as inappropriate or offensive when conducted in public, although they may be perfectly legal or acceptable within the confines of one’s own home. Some of the most common public order offences include:

Obscene, indecent or threatening language/behaviour in public Possessing a knife in a public place without a reasonable excuse Obstructing traffic or ignoring a reasonable police direction to “move on” Damaging public fountains or protected places

Affray – using or threatening to use violence towards another that would cause a reasonable person present at the scene to fear for their safety.

Riot – similar to affray, but with 12 or more people using or threatening to use unlawful violence for a common purpose.


PRELIMINARY OFFENCES

Preliminary offences - offences that precede the commission of a crime or where the crime has not been completed for some reason, for example it may have been interrupted or unsuccessful.

Preliminary offences fall into two main categories:

1. AttemptsAn attempt to commit a crime will still be considered an offence and will usually be punishable by the same penalty as if the crime had taken place. Section 344 of the

Crimes Act 1900 (NSW) deals with attempts. Because the penalty for an attempt is so high, the prosecution will need to show that the offence was all but completed or failed for some reason despite the intention to complete it.

For example, in R v Whybrow , a husband connected electricity to the soap dish in the family bath in order to electrocute his wife. His plan did not work and when his wife came into contact with the soap dish, she received only a shock. The court found him guilty of attempted murder because his intention for the act to succeed and result in death was clear despite the fact it had failed.

2. Conspiracy Conspiracy occurs when two or more people jointly conspire to commit a crime. The conspiracy is complete where an agreement is reached between the parties, with the intention also shown by each person’s explicit agreement to commit the offence.

It may be difficult for the prosecutor to prove conspiracy without the aid of a confession or record (such as a signed document or phone tap) because the crime allegedly agreed to will not have taken place.


REGULATORY OFFENCES

Regulatory offences are often set out in delegated legislation, such as regulations or local laws, that address a range of day to day situations and standards.

They differ from more serious offences set out in statute or common law because: they are considered more minor offences with lesser penalties they are usually set by the government department or agency responsible for that area of the law they require faster and more frequent change than traditional legislative processes allow

Examples of regulatory offences include:a) watering the garden despite water restrictions being in placeb) breach of occupational health and safety regulationsc) travelling on public transport without a valid ticket


SUMMARY AND INDICTABLE OFFENCES

All criminal offences are separated into two important categories depending on the severity of the offence:1. Summary offences2. Indictable offences

Summary offences are considered less serious offences and will usually incur lesser penalties than indictable offences, although they may still have serious consequences.

Summary offences will be heard and sentenced in a Local Court before a magistrate and not tried in front of a jury.

Penalties for summary offenses may range from a bond or fine to a jail sentence of up to two years, or five if convicted for more than one offence.

Summary offences are brought on a charge called a “summons”.

Indictable offences are more serious offences such as assault or property damage and are generally heard in the District Court.

An initial committal hearing will be held in the Local Court where a magistrate will determine whether the prosecutor’s evidence is sufficient to go to trial. Indictable offences will then be heard and sentenced by a judge and jury.

Indictable offences are brought on a charge called an “indictment”.

Differences

SUMMARY OFFENCE INDICTABLE OFFENCE

- a less serious offence that is tried by a magistrate in the Local Court

- a more serious offence (such as murder or rape) tried by a judge and jury

- the judgment and punishment are determined by a magistrate

- the judgment is determined by a jury and the punishment is determined by the judge

- the charge is usually laid by a police officer or government officer

- the charge is brought forward by a public prosecutor working for the state

- the punishment is usually less severe, such as a fine, good behaviour bond or community service

- the punishment will usually result in imprisonment or a hefty fine


PARTIES TO A CRIME

Crime is not always a solitary pursuit. Sometimes other people are involved in the act, either before or after the crime has been carried out. Any person who has been involved in any way in committing a crime may become a “party” to the crime.

The contribution of each person involved in a criminal act is significant because it indicates their level of responsibility and consequently determines their level of punishment.

The parties to a crime are divided into four main categories:

1. Principal in the first degreeThis is the principal offender, or the person who actually commits the criminal act. For example, in an armed robbery this would be the person who actually pointed the gun and took the money. The principal offender will be directly responsible for the crime being carried out and so is likely to receive the highest sentence.

2. Principal in the second degreeThis is a person who was present at the crime and assisted or encouraged the principle offender to perform the offence. For example, in the scenario above, this may be the person who kept a lookout by the door. The presence doesn’t need to be physical presence – assisting the principal may be sufficient (e.g. by providing instructions over the phone). The principal in the second degree may be given a lesser sentence depending on the circumstances.

3. Accessory before the factAn “accessory” will be someone who has helped the principal to plan or carry out the crime. An accessory before the fact is a person who has helped in planning or preparation before the actual act is carried out.

4. Accessory after the factThis is someone who has assisted the principal after the actual act is committed, for example driving a getaway car or disposing of evidence.


FACTORS AFFECTING CRIMINAL BEHAVIOUR

Criminology – the scientific study of crime and criminal behaviour.

Persons aged 15 to 19 years are more likely to be processed by police for the commission of a crime than are members of any other population.

Females made up 23 percent of all offenders in 2007–08. Between 2007–08, males were three times more likely than females to be identified as offenders.

More than half (51%) of adult male detainees and more than three-quarters of adult female detainees (78%) received a welfare or government benefit as a source of income in the 30 days prior to arrest.

Half of adult male (50%) and approximately half of adult female (48%) detainees had been arrested in the 12 months prior to their current arrest.

Why do people commit crimes?

FACTORPsychological factors - These include mental illnesses.

- These factors will be important during the criminal process, especially in sentencing.

Social factors - The social groups that people associate with will often influence a person’s attitudes and views of acceptable behaviour.

- In other areas of crime it may be the environment that a person has been raised in that could influence their behaviour as an adult (e.g. child abuse)

Economic factors - People from disadvantaged backgrounds are more likely to commit crimes and front our courts than any other group.

- In some instances, offenders may view criminal acts with a financial benefit (such as larceny or robbery) as a necessary option.

Genetic theories - No genetic studies have been conclusive in showing that individuals with certain genes are more likely to commit crimes.

Political factors - Offences against the sovereign are likely to have some political factors influencing them.

- Some public order offences (such as riots) may have politically motivating factors.

- Terrorism related offences are some of the most extreme political offences.

Self-interest - The motivations of money and power can often play a significant role in committing the offence


CRIME PREVENTION

Two main areas of crime prevention are: situational crime prevention social crime prevention

Situational crime prevention

Situational crime prevention usually involves one of two approaches. These are:1) Planning and architectural designfocuses upon the influence of physical environments upon crime2) Focused (situational) approachesrests on rational choice theory, which views offenders as actors who weigh up potential gains, risks and costs

Situational crime prevention aims to make it more difficult for criminals to carry out a crime and therefore stop a crime before it is committed.

Planning and architectural design, for example, may revolve around security such as installing bars or an alarm system at home to ward off would-be thieves.

Strategies like avoiding crime “hotspots” such as poorly-lit alleyways and car parks can assist in preventing crime.

More unusual tactics have included shopping centres playing classical music to deter groups of young people congregating and causing trouble.

Closed-circuit television (CCTV) cameras are another important method of crime when they know they are at risk of being caught.

Decreasing the rewards of crime is another form of situational crime prevention. An example of this approach is the use of colour tags attached to clothing in shops. The tag sets off a detector at the door of the shop if someone tries to walk out with the item without purchasing it. If the tag is removed by force, it released blue dye all over the stolen item, rendering in useless.

Social crime prevention

Social crime prevention attempts to address the underlying social factors that may lead to criminal behaviour. These factors may include:- poor home environment and parenting- social and economic disadvantage- poor school attendance

Funding is put into educational programs in schools to raise the education levels of students deemed to be “risk”

Youth programs are run to teach dispute resolution skills and social skills that will encourage potential offenders to make better choices about their actions


Schools, TAFEs and private organisations have formed partnerships to provide better opportunities to students who find the school setting inappropriate to their individual needs

Parenting workshops are run for mothers and fathers who come from disadvantages backgrounds and lack the skills to empower themselves and their children to make better life choices

Worksheet 1 - The Nature of Crime

Documents

aggravated

good behaviour

public order

sexual assault

mr munter

mens rea

reasonable

preliminary