Crime And justic

CRIMINAL IN SOCIETY
Group member :
1. Nur Rizmayana binti Rasil
2. Evelyntina Kulandu
3. Nur Alwinah binti Dalwi
4. Mohd.Yusri bin Bakri
5. NorHasrie
STATE CRIME
 State crime is illegal or deviant activities perpetrator
by, or with the complicity of state agencies. (Green
and ward)
 State crime is committed by, or on behalf of state
and government in order to enlarge their policies.
Mclaughlin identifies 4 categories of state
crime:
 Political crimes (eg. Coruption)
 Social and culture crimes (eg. Institutional
racims)
 Economic crimes (eg. Violate of health and
safety laws)
 Crimes by security(eg.Genocide,torture)
Example of state crime
 Police corruption
 Terrorism
 Torture
 genocide
 State crime is one the most serious forms of forms
of crime for two reasons..
1. The scale of state crime.
2. The state is the source of law.
The scale of state crime:
 The state monopoly of violence gives it the potential
to inflict massive harm whilst being well place to
conceal its crime or punishment.
The state is the source of law:
 Define what is criminal and to manage the criminal
justice system and proscute.
Definition Of Drugs
• Natural or synthetic substance which ( when
taken into a living body ) affects its functioning
or structure, and its used in the diagnosis,
mitigation, treatment, or prevention of disease
or relief of discomfort.
• Also called legal drug or medicine. However ,
can be harmful and addictive if
misused.
Drug Charge Attorney
Types Of Drugs Crime.
• Manufacturing/Delivery
A person may be charge with drug manufacturing if he or she
is involved in any step of the production process of an illegal
drug. The delivery of any illicit drug is also considered a crime
under federal and state laws.
• Trafficking
Drug trafficking and distribution laws make it illegal to sell,
transport, and import illegal controlled subtances like
marijuana and cocaine. As a felony, drug trafficking and
distribution is a more serious crime than just drug possession
because it usually involves the transportation of a large
amount of drugs if convicted of drug trafficking, the sentence
can be anywhere from 3 years to life in prison.
• Dealing
“ Drug Dealing “ generally refers to the selling of illegal drugs
on a smaller scale. It’s important to remember that trafficking
and dealing are defined differently from state to state and
under federal law. Since drug dealing usually consists of one
person selling a small amount, the punishment is less
severe that selling larger amount. According to the Drug
Enforcement Administration (DEA) which sets federal
penalties for drug dealing and trafficking, selling less than 50
grams of marijuana can result in a sentence of up to 5 years
and a fine 1,035,750.00 MYR. However, a sale of 1,000
kilogram of marijuana can lead to a sentence of 10 years or
more than life
VIOLENT CRIME
 In criminology, how a violent crime is approached depends
very much on how the crime is defined.
 Violent crimes are crimes which the use of violent force is
threatened or inflicted upon a victim.
 A destructive crimes that carry the most stringent penalties
under the criminal justice system and are usually considered
to be felonies, as opposed to misdemeanors or infractions.
TYPES OF VIOLENT
 Homicide
 Murder
 Manslaughter
 Battery, Assault and Mayhem
 Robbery and burglary
 Arson
 Domestic Violence
 Harassment and stalking
 Sex offences (rape) and Sodomy
HOMICIDE
Homicide
Homicide is a killing of one person by another; The
act of killing human beings. Whether intentionally or
unintentionally. The term homicide simply refers to
any act that caused or resulted in the death of
person.
 Under s 300 of panel code.
Types of homicide
i. Criminal Homicide,
ii. Negligent homicide,
iii. Justifiable homicide
iv. State-sanctioned homicide
MURDER
 Defined as the intentional killing of another human
being.
 There a few degrees of murder :
1. First degree or capital murder
2. Second degree murder
3. Felony murder
Punishment for murder
S302. whoever commits murder shall be punished
with death.
MANSLAUGHTER
 The unintentional killing of another person, where
the killer engage in the reckless conduct that
causes a death.
1. Vehicular manslaughter : dangerous driving that
results in injury to another.
2. Involuntary Manslaughter : the unlawful killing of a
human being without malice, unintentional.
BATTERY, ASSAULT AND MAYHEM
Battery Assault Mayhem
• The act of making
offensive physical
contact with
someone
• Causing someone
low-level-not
serious- physical
injury.
• The threat of a
battery, or an
attempted battery,
without actual
physical contact
• Refers to serious
assaults on an
individuals that
leave a lasting
physical impact.
• The definition of the
mayhem makes a
crime any serious
infliction of injury to
a victim’s body part
in way that
removes it or
renders it useless.
ROBBERY AND BURGLARY
 Robbery is taking or attempting to take something
of value from another by violence or the threat of
violence.
 Burglary is breaking and entering into the dwelling
of another at nighttime with the intent to commit a
felony.
SEX OFFENCES (RAPE) AND SODOMY
 Rape : the act of forcibly compelling someone to
have sexual intercourse, or sexual intercourse
between an adult and a partner under the age of
18, or the act of having intercourse with someone
whom the law deems incapable of consent because
of a mental handicap.
 Sodomy : The act of having forced anal or oral sex
with someone, or the consensual act of
participating in those same acts between an adult
and a juvenile.
PUNISHMENT FOR RAPE
 S 375 panel code has sexual intercourse with a
women under circumstances falling under any of
the following discription :
- Against her will
- Without her consent
- With the women’s consent, when her consent has
been obtained by putting her in fear of death or hurt
- Under age
S 376 panel code imprisonment not less than 5 years
and not more than 20 years and whipping.
ARSON
 Defined as the willful and malicious burning or
charring of property.
 Classify as a felony due to the potential to cause
injuries or death.
KIDNAPPING AND FALSE IMPRISONMENT
 Kidnapping is a crime where victim is transported a
substantial distance or held in a place of isolation
through the use of force.
 False imprisonment is defined in most states as the
intentional confinement of a person without legal
authority or the person’s consent.
PUBLIC ORDER OFFENCES
 The criminal law in respect of public order offences
is intended to penalize the use of violence and/or
intimidation by individuals or groups. The principal
public order offences are contained in Part I of the
Public Order Act 1986 ('the Act'). Reference is also
made to the offence of drunk and disorderly
behaviour and offences involving emergency
workers and disorderly behaviour on NHS
premises, which prosecutors may consider as
alternatives to the offences under the Public Order
Act. This document provides guidance about the
charge which should be preferred if the criteria set
out in the Code for Crown Prosecutors are met.
Section 1 Public Order Act – Riot
 This applies where 12 or more people acting with
‘common purpose’ use or threaten violence. Their
behaviour must have the affect that a normally firm
person would be afraid. Section 1 Riot must be heard
in a Crown Court, with a maximum sentence of 10
years, although the maximum sentence is rare.
Section 2 Public Order Act – Violent Disorder
 This is essentially the same offence as riot, except
with only 3 or more people involved. It can be heard in
the Crown Court or Magistrates Court. The maximum
sentence in the Crown Court is 5 years.
Section 3 Public Order Act – Affray
 This offence again involves the actions of
people causing a theoretical person at the
scene (who need not actually be there) to be
afraid by the behaviour of the people using or
threatening violence. Affray involves a
minimum of 2 people.
 Affray can be heard in the Magistrates and
Crown Courts, and carries a maximum of 3
years imprisonment.
Section 4A Public Order Act – Intentional
Harassment, Alarm or Distress
 The person, to be guilty, must intend to cause
harassment, alarm or distress to another person
and doing so must act in a way which is abusive,
threatening or insulting. This includes, words,
behaviour, and even written signs or other
representations. The maximum sentence is 6
months imprisonment. The offence can only be
heard in the Magistrates Court.
Section 5 Public Order Act – Threatening, Abusive or
Insulting Behaviour
 This offence involves the use words, behaviour, and
even gestures or signs where the defendant is of the
opinion that someone may be within hearing. A
general defence of the behaviour being reasonable in
the circumstances may be available to the defendant.
As of January 2014, the government has announced
plans to remove the word ‘insulting’ from the definition
of the offence.
Racially Aggravated Offences
 Public order offences are increasingly charged using
variations on the original offences which are ‘racially
aggravated’.
Public Processions and the Right to Protest Sections 11,
12, 13, 14, 14A and 16 of the Public Order Act
 Controversial laws exist regulating the gathering of
individuals in large groups in public places. Some of
these have faced criticism in recent years, as they give
senior police officers sweeping powers in respect of the
planning of peaceful protest. This area of law includes
the right of police to impose conditions on processions
and assemblies, and even prohibit them, ‘to prevent
serious public disorder’.
CORPORATE CRIME
 Is a crime committed by corporation or business
entity or by individuals who are acting on behalf of a
corporation or business entity.
 However, a corporate crime can also be committed
by someone who is employed by a corporation if
the crime benefits the organization
 Done in the interests of the company often
with the knowledge and approval of the
bosses
 Main aim is to increase profits
-Sales of goods known to be dangerous
-Breaking health and safety laws
-polluting the environment and dumping
poisonous waste
PROPERTY CRIME
 Property crime include crime which are not directed
specifically at individual people.
 Generally includes taking money or property when
there is no force or against the victims.
 The types of property crime.
1. Theft
2. Burglary
3. Vandalism
4. Trespass
5. Arson
6. shoplifting
Section 378 penal code
 Take dishonestly any moveable property out of the
possession of any person without that person
consent is said to commit thief.
Section 379 panel code- thieft
 Imprisonment which may extended to 7 years or
with fine or with both.
Section 379 A
 Punishment for stealing a motor vechile :
imprisonment not less than 1 year and not more
than 7 years, and also a fine.
Section 411
 Dishonesty receiving stolen property : imprisonment
which may extend to 5 years or with fine or both
 If the stolen property is a motor vechile or any
component part of a motor vechile, imprisonment
not less than 6 months and not more than 5 years
and fine.
REFERENCES
 Http://m.dummies.com/how-to/content/defining-thr-
different-types-of-Violent-crime.html.
 Http://legaldictionary.net
 http://criminal-law.freeadvice.com/criminal-
law/violent_crimes/degrees.murder.html
 http://criminal.findlaw.com/criminal-
charges/arson.html
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Crime And justic

  • 1. CRIMINAL IN SOCIETY Group member : 1. Nur Rizmayana binti Rasil 2. Evelyntina Kulandu 3. Nur Alwinah binti Dalwi 4. Mohd.Yusri bin Bakri 5. NorHasrie
  • 2. STATE CRIME  State crime is illegal or deviant activities perpetrator by, or with the complicity of state agencies. (Green and ward)  State crime is committed by, or on behalf of state and government in order to enlarge their policies.
  • 3. Mclaughlin identifies 4 categories of state crime:  Political crimes (eg. Coruption)  Social and culture crimes (eg. Institutional racims)  Economic crimes (eg. Violate of health and safety laws)  Crimes by security(eg.Genocide,torture)
  • 4. Example of state crime  Police corruption  Terrorism  Torture  genocide  State crime is one the most serious forms of forms of crime for two reasons.. 1. The scale of state crime. 2. The state is the source of law.
  • 5. The scale of state crime:  The state monopoly of violence gives it the potential to inflict massive harm whilst being well place to conceal its crime or punishment. The state is the source of law:  Define what is criminal and to manage the criminal justice system and proscute.
  • 6. Definition Of Drugs • Natural or synthetic substance which ( when taken into a living body ) affects its functioning or structure, and its used in the diagnosis, mitigation, treatment, or prevention of disease or relief of discomfort. • Also called legal drug or medicine. However , can be harmful and addictive if misused. Drug Charge Attorney
  • 7. Types Of Drugs Crime. • Manufacturing/Delivery A person may be charge with drug manufacturing if he or she is involved in any step of the production process of an illegal drug. The delivery of any illicit drug is also considered a crime under federal and state laws. • Trafficking Drug trafficking and distribution laws make it illegal to sell, transport, and import illegal controlled subtances like marijuana and cocaine. As a felony, drug trafficking and distribution is a more serious crime than just drug possession because it usually involves the transportation of a large amount of drugs if convicted of drug trafficking, the sentence can be anywhere from 3 years to life in prison.
  • 8. • Dealing “ Drug Dealing “ generally refers to the selling of illegal drugs on a smaller scale. It’s important to remember that trafficking and dealing are defined differently from state to state and under federal law. Since drug dealing usually consists of one person selling a small amount, the punishment is less severe that selling larger amount. According to the Drug Enforcement Administration (DEA) which sets federal penalties for drug dealing and trafficking, selling less than 50 grams of marijuana can result in a sentence of up to 5 years and a fine 1,035,750.00 MYR. However, a sale of 1,000 kilogram of marijuana can lead to a sentence of 10 years or more than life
  • 9. VIOLENT CRIME  In criminology, how a violent crime is approached depends very much on how the crime is defined.  Violent crimes are crimes which the use of violent force is threatened or inflicted upon a victim.  A destructive crimes that carry the most stringent penalties under the criminal justice system and are usually considered to be felonies, as opposed to misdemeanors or infractions.
  • 10. TYPES OF VIOLENT  Homicide  Murder  Manslaughter  Battery, Assault and Mayhem  Robbery and burglary  Arson  Domestic Violence  Harassment and stalking  Sex offences (rape) and Sodomy
  • 11. HOMICIDE Homicide Homicide is a killing of one person by another; The act of killing human beings. Whether intentionally or unintentionally. The term homicide simply refers to any act that caused or resulted in the death of person.  Under s 300 of panel code. Types of homicide i. Criminal Homicide, ii. Negligent homicide, iii. Justifiable homicide iv. State-sanctioned homicide
  • 12. MURDER  Defined as the intentional killing of another human being.  There a few degrees of murder : 1. First degree or capital murder 2. Second degree murder 3. Felony murder Punishment for murder S302. whoever commits murder shall be punished with death.
  • 13. MANSLAUGHTER  The unintentional killing of another person, where the killer engage in the reckless conduct that causes a death. 1. Vehicular manslaughter : dangerous driving that results in injury to another. 2. Involuntary Manslaughter : the unlawful killing of a human being without malice, unintentional.
  • 14. BATTERY, ASSAULT AND MAYHEM Battery Assault Mayhem • The act of making offensive physical contact with someone • Causing someone low-level-not serious- physical injury. • The threat of a battery, or an attempted battery, without actual physical contact • Refers to serious assaults on an individuals that leave a lasting physical impact. • The definition of the mayhem makes a crime any serious infliction of injury to a victim’s body part in way that removes it or renders it useless.
  • 15. ROBBERY AND BURGLARY  Robbery is taking or attempting to take something of value from another by violence or the threat of violence.  Burglary is breaking and entering into the dwelling of another at nighttime with the intent to commit a felony.
  • 16. SEX OFFENCES (RAPE) AND SODOMY  Rape : the act of forcibly compelling someone to have sexual intercourse, or sexual intercourse between an adult and a partner under the age of 18, or the act of having intercourse with someone whom the law deems incapable of consent because of a mental handicap.  Sodomy : The act of having forced anal or oral sex with someone, or the consensual act of participating in those same acts between an adult and a juvenile.
  • 17. PUNISHMENT FOR RAPE  S 375 panel code has sexual intercourse with a women under circumstances falling under any of the following discription : - Against her will - Without her consent - With the women’s consent, when her consent has been obtained by putting her in fear of death or hurt - Under age S 376 panel code imprisonment not less than 5 years and not more than 20 years and whipping.
  • 18. ARSON  Defined as the willful and malicious burning or charring of property.  Classify as a felony due to the potential to cause injuries or death.
  • 19. KIDNAPPING AND FALSE IMPRISONMENT  Kidnapping is a crime where victim is transported a substantial distance or held in a place of isolation through the use of force.  False imprisonment is defined in most states as the intentional confinement of a person without legal authority or the person’s consent.
  • 20. PUBLIC ORDER OFFENCES  The criminal law in respect of public order offences is intended to penalize the use of violence and/or intimidation by individuals or groups. The principal public order offences are contained in Part I of the Public Order Act 1986 ('the Act'). Reference is also made to the offence of drunk and disorderly behaviour and offences involving emergency workers and disorderly behaviour on NHS premises, which prosecutors may consider as alternatives to the offences under the Public Order Act. This document provides guidance about the charge which should be preferred if the criteria set out in the Code for Crown Prosecutors are met.
  • 21. Section 1 Public Order Act – Riot  This applies where 12 or more people acting with ‘common purpose’ use or threaten violence. Their behaviour must have the affect that a normally firm person would be afraid. Section 1 Riot must be heard in a Crown Court, with a maximum sentence of 10 years, although the maximum sentence is rare. Section 2 Public Order Act – Violent Disorder  This is essentially the same offence as riot, except with only 3 or more people involved. It can be heard in the Crown Court or Magistrates Court. The maximum sentence in the Crown Court is 5 years.
  • 22. Section 3 Public Order Act – Affray  This offence again involves the actions of people causing a theoretical person at the scene (who need not actually be there) to be afraid by the behaviour of the people using or threatening violence. Affray involves a minimum of 2 people.  Affray can be heard in the Magistrates and Crown Courts, and carries a maximum of 3 years imprisonment.
  • 23. Section 4A Public Order Act – Intentional Harassment, Alarm or Distress  The person, to be guilty, must intend to cause harassment, alarm or distress to another person and doing so must act in a way which is abusive, threatening or insulting. This includes, words, behaviour, and even written signs or other representations. The maximum sentence is 6 months imprisonment. The offence can only be heard in the Magistrates Court.
  • 24. Section 5 Public Order Act – Threatening, Abusive or Insulting Behaviour  This offence involves the use words, behaviour, and even gestures or signs where the defendant is of the opinion that someone may be within hearing. A general defence of the behaviour being reasonable in the circumstances may be available to the defendant. As of January 2014, the government has announced plans to remove the word ‘insulting’ from the definition of the offence. Racially Aggravated Offences  Public order offences are increasingly charged using variations on the original offences which are ‘racially aggravated’.
  • 25. Public Processions and the Right to Protest Sections 11, 12, 13, 14, 14A and 16 of the Public Order Act  Controversial laws exist regulating the gathering of individuals in large groups in public places. Some of these have faced criticism in recent years, as they give senior police officers sweeping powers in respect of the planning of peaceful protest. This area of law includes the right of police to impose conditions on processions and assemblies, and even prohibit them, ‘to prevent serious public disorder’.
  • 26. CORPORATE CRIME  Is a crime committed by corporation or business entity or by individuals who are acting on behalf of a corporation or business entity.  However, a corporate crime can also be committed by someone who is employed by a corporation if the crime benefits the organization
  • 27.  Done in the interests of the company often with the knowledge and approval of the bosses  Main aim is to increase profits -Sales of goods known to be dangerous -Breaking health and safety laws -polluting the environment and dumping poisonous waste
  • 28. PROPERTY CRIME  Property crime include crime which are not directed specifically at individual people.  Generally includes taking money or property when there is no force or against the victims.  The types of property crime. 1. Theft 2. Burglary 3. Vandalism 4. Trespass 5. Arson 6. shoplifting
  • 29. Section 378 penal code  Take dishonestly any moveable property out of the possession of any person without that person consent is said to commit thief. Section 379 panel code- thieft  Imprisonment which may extended to 7 years or with fine or with both. Section 379 A  Punishment for stealing a motor vechile : imprisonment not less than 1 year and not more than 7 years, and also a fine.
  • 30. Section 411  Dishonesty receiving stolen property : imprisonment which may extend to 5 years or with fine or both  If the stolen property is a motor vechile or any component part of a motor vechile, imprisonment not less than 6 months and not more than 5 years and fine.
  • 31. REFERENCES  Http://m.dummies.com/how-to/content/defining-thr- different-types-of-Violent-crime.html.  Http://legaldictionary.net  http://criminal-law.freeadvice.com/criminal- law/violent_crimes/degrees.murder.html  http://criminal.findlaw.com/criminal- charges/arson.html