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1 Found helpful • 96 Pages • Complete Study Notes • Year: Pre-2021
CRIME , HR ,WORLD ORDER AND FAMILY LAW HSC Legal Studies Notes — 2016 Topic I: Crime Chapter 1: The Nature of Crime 1.1: The Nature of Crime • Crime: An act or omission committed against the community at large that is punishable by the state. • Different societies and countries have different views about what kinds of acts need to be protected from and which acts should be considered criminal. • Factors that determine how crime is defined and punished include: culture, history, legal traditions, social attitudes, religious beliefs and political systems. • Most crimes are the result of moral and ethical judgements by society about an individual’s behaviour. • When a person commits a crime, it is deemed to be committed against all of society, ‘An attack on the standards of society’. • Crime is a constantly changing area of law, reflecting society’s views. o Examples: Crimes Amendment (Computer Offences) Act 2001 (NSW) changing Crimes Act 1900 (NSW): Included new crimes relating to computer hacking and data modification. Commonwealth Copyright Amendment Act 2006 (Cwlth) introduced a number of new offences aimed at dealing with the growing problem of internet piracy and copyright infringement. • The government, courts and other statutory bodies are constantly reviewing legislation to ensure that it meets the expectations of the community and is as relevant as possible in our rapidly developing and changing society. • Criminal law is a particularly controversial area because any changes will usually have wide-ranging effects that impact on the rights and freedoms of all members of society. • Criminal law is the area of law that deals with crime and encompasses many aspects, including investigation, enforcement, prosecution, defence, criminal, sentencing and punishment.
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