Crime and Delinquency

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.

Accused

the personal or alleged offender that the criminal action is being taken against.

The Crown

the state party who commences a criminal action in a court of law against the offender. In NSW, the

Director of Public Prosecutions usually commences the action. If the alleged crime is against a federal

criminal law then the Commonwealth Director of Public Prosecutions usually commences the action.

Beyond Reasonable Doubt

the standard of proof required in a criminal case for a person to be found guilty.

Actus Reus

a Latin term meaning 'guilty act' that refers to the physical act of carrying out a crime.

Mens Rea

a Latin term meaning 'guilty mind', meaning that the accused intended to commit the crime knowing

their actions were wrong.

Recklessness

when the accused was aware that their action could lead to a crime being committed, but chose to take

that course of action regardless.

Criminal Negligence

Where the accused fails to foresee the risk where they should have and so allows the avoidable danger

to manifest.

Causation

the link between the behaviour of the accused and the result (i.e. that the behaviour of the accused

actually caused the criminal act alleged).

Strict Liability Offence

an offence where the mens rea does not need to be proved; only the actus reus (the guilty act) needs to

be proved.

Trafficking

dealing or trading in something illegal, particularly drugs.

Homicide

the act of killing a human being

Murder

the deliberate killing of a person

Manslaughter

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

Voluntary Manslaughter

the killing of a person where the accused did intend or was reckless about killing someone but there are

mitigating circumstances.

Involuntary Manslaughter

the killing of a person where the death occurred because the accused acted in a reckless or negligent

way without intention to kill.

Constructive Manslaughter

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

Mitigating Circumstances

conditions that may be considered by a court when determining guilt or innocence of a defendant;

mitigating circumstances do not justify or excuse an offence but may reduce the severity of a charge.

Provocation

a defence where the accused claims that the actions of another person caused them t 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.

Infanticide

the death of a baby under the age of 12 month at the hands of its mother.

Assault

causing physical harm or threatening to cause physical harm to another person.

Common Assault

threatening to cause physical harm to another person.

Aggravated assault

The assault of a person with and object rather than the assailant's own body.

Sexual Assault

When someone is forced into sexual intercourse against his or her will and without his or her consent.

Sexual Assault #2

Broadly defined in the Crimes Act 1900 (NSW) to include oral sex or penetration of the vagina or anus by

any part of another person's body or by an object manipulated by another person.

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 with another person or people present together with aggravating

circumstances.

Treason

an attempt or manifest intention to levy war against the state, assist the enemy, or cause harm to 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; in Australia, sedition includes offences of urging force or violence against

the government.

Larceny

when one or more persons intentionally take another persons property without consent and without

intention of returning it.

Robbery

when property is taken directly from a victim, usually forcefully and sometimes with violence.

Break and Enter

commonly known as burglary, break and enter offences usually occur when a person enters a home with

intent to commit an offence.

White-collar Crime

a general term for various non-violent crimes associated with professionals or businesspeople, such as

embezzlement, tax evasion or insider trading.

Embezzlement

when a person steals money from a business over a period of time while they are employed at that

workplace.

Tax evasion

an attempt to avoid paying the full amount of taxes due by concealing or understanding a person or

business; income or assets.

Insider trading

when a person illegally trades on the share market for their own advantage using confidential

information.

Investigate

for the police, this means carrying out research to discover evidence and examine the facts surrounding

an alleged criminal incident.

Arrest

to seize a person by legal authority and take them into custody.

Interrogate

to formally question a suspect in relation to an alleged crime.

Search and seizure

the power to search a person or their possessions and seize and detain items that are discovered.

Evidence

information used to support facts in a legal investigation or admissible as testimony in court.

Reasonable force

such force as is reasonably necessary for the officer to perform the function; the officer must honestly

believe that it was justified and not excessive.

Warrant

a legal document issued by magistrate authorising an officer to perform a particular, for example make

an arrest, conduct a search, seize property or use a phone tap.

Charge

formal accusation of a person of committing a criminal offence.

In Situ

a Latin term meaning 'in the place'; used to describe the place in which a piece of evidence is found or

situated.

Inadmissible evidence

evidence that cannot be considered by a judge or jury in court, for example, evidence that has been

compromised or was obtained by unlawful means.

DNA evidence

genetic material (such as hair, blood and saliva) that can be used to link a suspect with a crime scene or

criminal offence.

Summons

a legal document that states when and where a person must appear in court and, if they are the

accused, the charge to which they must answer.

Bail

the temporary release on an accused person awaiting trial, sometimes on particular conditions such as

lodgement of a sum of money as a guarantee.

Surety

in bail, where another person agrees to provide financial guarantee that the accused will return to the

court for trial in exchange for the accused temporary release.

Remand

a period spent in custody awaiting trial at a later date.

Subpoena

a legal document issued by a court which requires a person to attend and give evidence and/or to

produce specified documents to the court.

Appeal

an application to have a higher court review a decision of a lower court.

Court Hierarchy

the system of courts within a jurisdiction, from lower courts to intermediate and higher courts

Original jurisdiction

the authority for a court to hear a matter for the first time

Appellate jurisdiction

the authority for a court to review matters on appeal from another court

Committal Proceedings

where a magistrate determines if there is enough evidence for a case to proceed to trial in a higher

court.

Magistrate

a judicial officer in the Local Court; in NSW they are appointed by the Governor

Coroner

a judicial officer appointed to investigate deaths in unusual circumstances.

Coronial Inquest

a court hearing conducted by a coroner to help determine the manner and cause of a death

Adversary System

a system of law where two opposing sides present their cases to an impartial judge or jury.

Inquisitorial system

a system of law where two sides present their cases to a judge who directs the cases and can call for

particular evidence.

Police Prosecutor

a NSW Police Force officer trained in prosecution, usually used to prosecute summary offences

Public Prosecutor

a legal practitioner employed by the Director of Public Prosecutions, usually used to prosecute indictable

offences

Public defender

a public barrister who can appear for an accused in a serious criminal matter where legal aid has been

granted.

Legal Aid

a subsidised legal service provided by the state for those on low incomes

Plea

a formal statement of guilt or innocence by the accused

Charge negotiation

an agreement between the DPP and the accused that involves the acceptance of a guilty plea, usually in

exchange for something else.

Burden of Proof

in criminal matters, it is the responsibility of the prosecution to prove the case against the accused

standard of proof

the level of proof required for a party to succeed in court

Beyond reasonable doubt

the standard of proof required in a criminal case for a person to be found guilty.

Acquittal

a judgement that a person is not guilty of the crime with which he or she has been charged.

Mental illness or insanity

mental incapacitation at the time of the act, meaning the accused cannot have formed the mens rea at

the time of the offence

Involuntary behaviour or automatism

an act that could not be controlled or was not voluntary, such as an epileptic fit.

mistake

the defendant acted under an honest and reasonable mistake and thus could not have formed 'mens

rea'.

self-defence or necessity

the defendant acted in defence of self, another property; only accepted in limited circumstances and

only for reasonable force.

duress

coercion or pressure used by one party to influence another party

consent

it is a complete defence for some crimes if the accused can show the victim freely consented to the act

in question.

Peremptory challenge

when the legal team rejects a juror without needing to provide a specific reason

challenge for cause

when the legal team rejects a juror because they believe that for some reason the juror will be

prejudiced.

sentencing hearing

a hearing following a finding of guilt in which a magistrate or judge will determine the sentence to be

given to the accused.

maximum penalty

is set by parliament, this is the maximum sentence available to a court to impose for an offence; the

maximum penalty is rarely handed down.

judicial discretion

the power of a judge or magistrate to make a decision within a range of possibilities based on the

particular circumstances of a case.

guideline judgments

judgements issued by the court on the application of the Attorney-General that will set out sentencing

guidelines for a particular offence.

mandatory sentencing

removal of judicial discretion by legislation, by setting a minimum or mandatory sentence for a

particular offence or type of offender.

deterrent

something that discourages or is intended to discourage someone from doing something

specific deterrence

punishment against an individual offender aiming to deter them from committing crime in the future

general deterrence

punishment attempting to make an example of an offender in order to send a message to the rest of the

community.

retribution

punishment considered to be morally right or deserved because of the nature of the crime.

rehabilitation

an objective of sentencing designed to reform the offender so that they do not commit offences in the

future.

recidivism

habitual or repeated acts of criminal behaviour after having undergone treatment or punishment to

deter such behaviour

incapacitation

making an offender incapable of committing further offences by restricting their freedom

aggravating factors

circumstances that make the offence more serious; they can lead to an increased sentence

mitigating circumstances

circumstances that make the offence less severe; they can lead to a reduced sentence

victim impact statement

a written statement by the victim or victim's family about the impact the crime has had on them, heard

at the time of sentencing

gratuitous violence

excessive violence carried out without reason, cause or excuse.

remorse

deep regret or sorrow for one's wrong doing

appellant

in an appeal case, the party who is making the appeal

appeal against conviction

an appeal where the appellant (the defendant) argues that they did not commit the offence of which

they were found guilty

sentence appeal

an appeal against the severity or leniency of a sentence

Caution by Police

a formal warning without charge issued by police for less serious offences

criminal infringement notice

a notice issued by the police outside of a court alleging a criminal infringement and requiring the

payment of a fine

fine

a monetary penalty imposed for infringement of the law

penalty unit

a specified unit of money used in legislation to describe the fine payable; currently in NSW, $110.

Proceeds of crime

assets (money or property) obtained by an offender though their criminal activities.

forfeit

(also known as forfeiture) loss of rights to property or assets as a penalty for wrongdoing

bond

a compulsory condition imposed on an offender for a period of time, which the offender undertakes to

comply with

probation

a type of good behaviour bond where the offender is released on condition of good behaviour but

placed under some form of supervision, such as daily reporting to a probation officer.

suspended sentence

a sentence of imprisonment imposed but suspended on condition of good behaviour

community service order

where the offender is sentenced to serve specified hours of work in the community.

correctional centre

commonly known as a prison - and institution where offenders are held in custody for the period of their

imprisonment

home detention

an imprisonment sentence where the offender is confined to their home under certain condition of

monitoring

non-parole period

a period of imprisonment during which parole cannot be granted

parole

release of a prisoner before the expiry of an imprisonment term, temporarily or permanently, on the

promise of good behaviour.

Intensive Correction Order (ICO)

an alternative to a custodial sentence where an offender has restricted movement and must attend a

rehabilitation program.

diversionary program

an alternative to the traditional court system that focuses on the rehabilitation of offenders.

circle sentencing

a form of sentencing for some adult Indigenous offenders where sentencing is conducted in a circle

made up of local community members and a magistrate

restorative justice

a form of sentencing involving a voluntary conference between the offender and the victim of the crime

preventative detention

keeping a person in custody even though they have not committed any offence, to prevent some future

harm that they may commit.

continued detention

ongoing detention of a person after they have already served the full sentence for their offence

juvenile justice

the area of law and policy concerned with young people and the criminal justice system

doli incapax

a latin term meaning "incapable of wrong"; the presumption that children under a certain age cannot be

held legally responsible for their actions and so cannot be guilty of an offence.

rebuttable presumption

a legal presumption in favour of one party- in can be rebutted by the other party if they can show

sufficient evidence to disprove it.

conclusive presumption

a legal presumption in favour of one party that is final and cannot be rebutted by the other party.

right to silence

the right of a person to refuse to answer any question put to them by police

interview friend

a parent, guardian, friend or legal representative present at the police interview of a minor; the

interview friend's role is to offer support and witness that statements are made voluntarily.

youth justice conference

a measure under the 'Young offenders Act 1997 (NSW) to divert young offenders from the court system

through conference that addresses the offender's behaviour in a more holistic manner.

control order

similar to an adult sentence of imprisonment, except served in a Juvenile Justice Centre

Juvenile Justice Centre

a detention centre housing you offenders subject to control orders.

grave adult behaviour

where a young offender has acted like an adult in committing the offence, in terms of the seriousness of

the offence and the other factors surrounding the behaviour, such as premeditation.

warning

a notice given to a young offender (usually for a first minor offence) that is recorded by police but with

no conditions attached; the offender must be told of the nature, purpose and the effect of the warning.

caution

a formal, recorded alternative to prosecution where the young offender admits to the offence and

consents to receiving a formal police caution; it can later be taken into account in the Children's Court,

but not in an adults court.

state sovereignty

the authority of an independent state to govern itself (e.g to make and apply laws; impose and collect

taxes; make war and peace; and form treaties with foreign states)

crime against the international community

a most serious crime, of concern to the international community as a whole, and recognised by the

international community as requiring punishment.

transnational crime

crime that occurs across international borders, either in origin or effect

international crime

a broad term covering any crime that is punishable by a state, but that has international origin or

consequences, or a crime recognised by the international community as punishable.

genocide

the deliberate extermination of a national, ethnic, racial or religious group.

universal jurisdiction

where a state claims a right to prosecute a person for actions committed in another state, based on the

common international opinion that the alleged crime is so serious that normal laws of criminal

jurisdiction do not apply.

International Criminal Court (ICC)

an independent international court established by the Rome Statute in July 2002 to prosecute and try

international crimes of the most serious nature.

Rome Statute

the 'rome statute of the international criminal court' is an international treaty that establishes the

International Criminal Court.

crime against humanity

a widespread or systematic attack against any civilian population.

war crime

action carried out during a time of war that violates accepted international rules of war.

Geneva Conventions

four treaties and three additional protocols that set the standards in international law for the humane

treatment of the victims of war, whether military or civilian.

human trafficking

the commercial trade or trafficking in human beings for the purpose of some form of slavery, usually

involving recruiting, transporting or obtaining a person by force, coercion or deceptive means.

Australian Federal Police (AFP)

Australia's Commonwealth police force, established to enforce Commonwealth criminal law and to

protect Australia's interests from crime in Australia and overseas.

Peacekeeping

the activity of creating conditions for sustainable peace in countries affected by conflict, through the use

of force, quite often provided by a number countries and consisting of soldiers, civilian police and

civilian personnel.

extradition

the legal surrender of a suspect or convicted criminal by one jurisdiction to another to face criminal

charges or sentence.

bilateral agreement

an agreement between two countries