ACR101 Lecture Notes - Lecture 2: Individualism, Crimes Act 1958
Week 1b
Types of crime
Crimes Act 1958 (Victoria)
Div. 9: Driving offences causing death/injury
Div. 9aa: Dangerous dogs
Div. 10-12: Planning offences conspiracy (planning a crime), incitement (encouraging
others), attempts
Div. 8: Items used for other crimes
possession of explosives
Crime as a Social and Political Process
In contrast to the strict and often highly technical definitions of crime under the criminal
law, social and political definitions of crime are much broader and more complex. As your
next reading indicates, a range of factors are considered under these approaches, which can
reveal bias in the practical application of the criminal law by police and other agents in the
justice system.
This approach to defining crime looks beyond the law to consider the social and political
processes of:
oWhy certain behaviour or actions are ‘defined’ as crime;
oWhy certain behaviour or actions are prioritised in the public consciousness more than
others:
oe.g. Street crime vs White Collar Crime, Pollution vs Terrorism;
oHow criminal laws are made and why they focus on certain behaviours or actions;
oHow laws are enforced;
oWhy certain groups in society might be more disadvantaged than others in relation to
each of these processes.
Limitations
Defining crime reflects the distribution of powerful interests and cultural forces, which
disadvantages vulnerable and/or minority populations (e.g. Indigenous Australians), who
are not only affected by over-policing but also the resulting stigmatisation;
It focuses more on individual responsibility and psychology (the ‘sick’ person), and less
on collective or social, political and corporate responsibility (the ‘sick’ society).
Politically, crime is often about control, which can lead to over-criminalisation and net
widening;
Despite this:
It is a social process that reflects who we are and what we value (and, conversely, what we
don’t value);
Ms Batty said there needed to be “definitive campaigns”, similar to TAC’s drink-driving and
speeding messages, to make people aware of the impacts of domestic violence.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
10-12: planning offences conspiracy (planning a crime), incitement (encouraging others), attempts. 8: items used for other crimes possession of explosives. In contrast to the strict and often highly technical definitions of crime under the criminal law, social and political definitions of crime are much broader and more complex. As your next reading indicates, a range of factors are considered under these approaches, which can reveal bias in the practical application of the criminal law by police and other agents in the justice system. Defining crime reflects the distribution of powerful interests and cultural forces, which disadvantages vulnerable and/or minority populations (e. g. indigenous australians), who are not only affected by over-policing but also the resulting stigmatisation; It focuses more on individual responsibility and psychology (the sick" person), and less on collective or social, political and corporate responsibility (the sick" society). Politically, crime is often about control, which can lead to over-criminalisation and net widening;
