...Centre for Policing Research Minimum provisions for the investigation of computer based offences (Reading 3) sets out the following items that should be considered for computer crime related legislation: 1. Unauthorised use 2. Computer related fraud 3. Computer forgery 4. Damage to computers 5. Unauthorised interception 6. Unauthorised reproduction of a protected computer program 7. Data misappropriation 8. Unauthorised access devices 9. Impersonation 10. Objectionable material and child pornography Compare the legislation available in your jurisdiction to each of the above items. The legislation can be shown in table form if convenient. Discuss the strengths and weaknesses of the legislation in your jurisdiction against the ACPR ‘ Minimum Provision.’ The Queensland Police Service has a dedicated computer investigation Section that investigates all computer related offences. To facilitate this, the following State legislation are used: Criminal Code Act 1899 Classification of Computer Games and Images Act 1995 Evidence Act 1977 Criminal Proceeds Confiscations Act 2002 Table demonstrating Queensland Law and relevant Act and Section |Incident description |Covered by State Legislation |Relevant Act and Section | |Unauthorised Use |Yes |Criminal Code Act 1899 (Qld) – Section | | ...
Words: 1757 - Pages: 8
...agencies that report data on criminal offences voluntarily (Schmalleger, 2006). This data is later forwarded to the Federal Bureau of Investigation directly or through the state-level Uniform Crime Reporting program from the local law enforcement agencies. The offences in the program are divided into two categories, part 1 and part 2 for data reporting purposes. The part 1 offences reported by the Uniform Crime Reporting program are categorized into two groups which include property and violent crimes and later used to measure the scope and level of crime rate in the country (FBI, 2004). The crimes reported in this part are called index crimes because reports the crimes that are very serious and they have a tendency of being reported reliably compared to others. These crimes are mostly reported directly to the police and not the separate agencies which do not contribute to the UCR program. These crimes include; forcible rape, aggravated assault, criminal homicide, forcible sex, arson, burglary, motor vehicle theft, and larceny-theft (FBI, 2004). The part 2 offences comprises of less serious crimes which are either reported directly to the police or through the separate agencies. Only the arrest data is collected and reported to the FBI through the UCR program. These crimes include; runaways, simple assault, vandalism, drug offences, public drunkenness, sex offences, stolen property, disorderly conduct, prostitution, weapon offences, liquor offences, gambling, fraud, and driving...
Words: 1225 - Pages: 5
...a criminal setting, the prosecution has the onus to prove that the defendant has committed the offence; this is called the burden of proof. The standard of proof that the prosecution has to prove is beyond reasonable doubt (Findlay et al, 2015). This means that the Prosection has to do much more than just persuade the court that the offence had more than likely taken place, they must prove it to a point which leaves no reasonable doubt in the court room (Nettheim & Chisholm, 2012). 2. What are the differences between summary and indictable offences? (3 marks) Summary and indictable offences are two separate classifications of offences; these are typically found in the Summary Offences Act 1988 and the Criminal Code Act 1899 (Qld). One of the first differences between summary and indictable offences is the document that is presented in court. An indictable offence is presented using an indictment document, which sets out the particulars of the charge. In contrast a summary offence is presented typically with a police report document which is a less formal document....
Words: 504 - Pages: 3
...been an enormous increase in the crime in recent years. With rapid popularity of the internet, crime information maintained in web is becoming increasingly rampant. In this paper the data mining techniques are used to analyze the web data. This paper presents detailed study on classification and clustering. Classification is the process of classifying the crime type Clustering is the process of combining data object into groups. The construct of scenario is to extract the attributes and relations in the web page and reconstruct the scenario for crime mining. Key words: Crime data analysis, classification, clustering. I. INTRODUCTION Crime is one of the dangerous factors for any country. Crime analysis is the activity in which analysis is done on crime activities. Today criminals have maximum use of all modern technologies and hi-tech methods in committing crimes. The law enforcers have to effectively meet out challenges of crime control and maintenance of public order. One challenge to law enforcement and intelligence agencies is the difficulty of analyzing large volumes of data involved in criminal and terrorist activities. Hence, creation of data base for crimes and criminals is needed. Data mining holds the promise of making it easy, convenient and practical to explore very large databases for organizations and users. Developing a good crime analysis tool to identify crime patterns...
Words: 1699 - Pages: 7
...two major sources of crime statistics commonly used in the United States (Sources of Crime Data: Uniform Crime Reports and the National Incident-Based Reporting System). Crime statistics is a complex process that is held to reflect accurately the incidence of crime in society (Criminal Statistics). Crime statistics first took shape in France in 1827, and it is now based on recorded offences and can be drawn from aggregate data recorded by official agencies such as the police and courts along with criminological research (Criminal Statistics). Criminology is the study of crime and in order to understand crime, one must study its existences along with...
Words: 678 - Pages: 3
... 1 Assessment objectives 1 The scheme of assessment 2 Syllabus content Paper 1: Part One: Section A – The Nature of Law 3 Section B – The Effect of Law on the Individual 3 Paper 1: Part Two: Section C – The Sources of Law 3 Section D – Law Enforcement and Administration 4 Paper 2: Section A – The Market: the transfer of goods or the rendering of 4 services for cash or on credit terms. Section B – The Workplace: the legal relationship between 4 employers and employees. Section C – The Family: the family relationship arising from 5 marriage or cohabitation. Section D – The Criminal Offender: the essential nature of criminal 5 liability and the study of particular crimes. Section E – The Individual; civil liberties and rights under private law. 5 General Marking Bands 6 Textbooks 8 Contact details 10 Advanced Level Law 9345 This subject may be taken at the May/June examination only. Introduction This syllabus provides a satisfying course for those who will end their study of Law at this stage, and lays a secure foundation for those who will continue their studies in this or related subjects. It enables candidates to develop a knowledge and understanding of legal rules and institutions and an appreciation of the function of law in society. It also encourages...
Words: 2855 - Pages: 12
...Crime and Punishment: A Dissection of its Various Elements. “The true measure of crimes is the harm done to society” – Cesare Beccaria. Crime as a concept and its origin There is no easy definition for what denotes a crime. Any theory on criminal law has to answer two questions – ‘What acts should be punished?’ and ‘To what extent can it be punished?’ Glanville Williams, admitting the impossibility of a workable content based definition of a crime, points out that the definition of crime is one of the thorny intellectual problems of law. Russell also admitted that ‘to define crime is a task which so far has not been satisfactorily accomplished by any writer’ Personal safety, particularly security of life, liberty and property, is of utmost importance to any individual. Man realized this when he started living in a community. He realized that he had certain rights. Rights are essentially conditions for self-development. At the same time he understood that he was also obligated to behave in the same manner in which he expected his neighbour to behave. This was the crux of the social contract which man entered into with his fellow beings. The social contract allowed men to live together in a community and leave behind the “nasty, short and brutish” life he led hitherto. The social contract paved way for the State to come into force and start making laws for everyone. Naturally, the rational and selfish nature of man would make him look out for his best interests and...
Words: 3376 - Pages: 14
...1. Actus reus is the Latin term used to describe a criminal act. Every crime must be considered in two parts-the physical act of the crime (actus reus) and the mental intent to do the crime (mens rea). Преступление — это общественно опасное, противоправное, виновное деяние дееспособного лица, за которое предусмотрено уголовное наказание. Crime - is socially dangerous , illegal , guilty act capable person, which provides criminal penalties. Crimes are defined by criminal law, which refers to a body of federal and state rules that prohibit behavior the government deems harmful to society. If one engages in such behavior, they may be guilty of a crime and prosecuted in criminal court. In today’s society, criminal behavior and criminal trials are highly publicized in the media and commonly the storyline in hit television shows and movies. As a result, people may consider themselves well-informed on the different types of crimes. However, the law can be quite complicated. There are many different types of crimes but, generally, crimes can be divided into four major categories,personal crimes, property crimes, inchoate crimes, and Statutory Crimes: * Personal Crimes – “Offenses against the Person”: These are crimes that result in physical or mental harm to another person. Personal crimes include: * Assault * Battery * False Imprisonment * Kidnapping * Homicide – crimes such as first and second degree, murder, and involuntary...
Words: 3016 - Pages: 13
...The nature of crime in Australian society is diverse and its occurrence fluctuates over time (Makkai & Prenzler, 2015). This essay will firstly discuss and define the concepts of crime and violence. Secondly, it will define violent crime from a contemporary Australian legal perspective. It will then examine the overall nature of crime in Australia describing its categories and sub categories. Fourthly, the essay will establish the official agencies who collect and collate data that measures the nature and extent of crime in Australia. It will finally use this data and empirical evidence to compare the extent of violent crime with crimes that are non-violent. The essay will ultimately conclude by asserting that the majority of crime in society is not violent in nature. Crime is a complex phenomenon that attracts a variety of definitions (Ransley & Prenzler, 2015). The varying definitions of crime provide broad or limited meanings and are all, to a greater or lesser degree, problematic. This is because crime is socially constructed; thus what is considered a crime, or no longer considered a crime changes over time to comply with the norms, attitudes and expectations existing in society at a given historical period (Brookman, 2005; Howitt, 2012). Violence is also a socially constructed concept that lacks a specific definition (Indermaur, 2000; Papalia, Thomas, Ching & Daffern, 2015), however, in the broadest sense, violence, is typically an action or type of behaviour that...
Words: 1259 - Pages: 6
...Phase1 Intake Process | The purpose of this intake is to ensure public safety and security, by the successfully reintegration of the newly sentenced offender Herman Day. In this intake we will review the present and past offences; state the factors that may have contributed to Day's criminal behaviour. As well place Day in the appropriate institution with the appropriate programing that will help Day acquire the skill to successfully reintegrate back into the community as a law abiding citizen. OBJECTIVES * To ensure that an efficient system is in place for collecting all useful information necessary to assess and treat newly sentenced offenders * To ensure that the needs of the newly sentenced offender are fully identified and assessed whether the person can be treated in the community * To clearly identify those factors which contributed to the offenders criminal behavior * To ensure that an offender is placed at the appropriate institution based on their security and program needs and that the resources are available to them at that institution * To ensure that through the intake process community release potential is considered Offender Intake Assessment Process Herman has been sentenced 7 years in a federal institution Herman will be sent to Millhaven institution for a maximum of 72 day. 1) Herman will be interviewed by a parole officer. 2) Herman’s court, police, probation, forensic, and jail records...
Words: 2573 - Pages: 11
...a means of social control. It is given to the offenders with the aim to check them from committing crimes again. It deters not only the actual offenders but also others from doing the same kind of acts in future. On the one hand, it is some solace to the victim or to his relatives if the offender is punished and on the other hand it serves a social purpose to prevent the people from indulging in criminal acts. So that the punishment may be a reasonable means to check the crime, three things are essential for it. The first is the speedy and inescapable detection and prosecution, the second is a fair chance of “a fresh start” after the punishment and the third is that the State which claims the right to punish must uphold the superior values to be reasonably expected from the prisoner for being acknowledged.[1] The concept of punishment is that of inflicting some sort of pain on the offender for his violation of law. The idea of inflicting pain or suffering in awarding punishment has been modified in view of the modern reformatory methods introduced recently in dealing with the criminals. For instance,...
Words: 21851 - Pages: 88
...Q1: Describe: Private Members Bills Individual Member of Parliaments (MPs) is sometimes referred to as private members. They are allowed to introduce or make proposals for new laws that aren't necessarily supported or planned by the government. These proposals are called Private Members' Bills. Basically, Private Members' Bills give MPs a chance to introduce new laws. There are three ways to introduce a Private Members' Bill in the House of Commons: the balloted bill, the ten minute rule and the presentation bill. i) The Balloted bill - Each year a ballot is held at the start of the Parliamentary session to choose 20 MPs who will be allowed to introduce their proposal for a new law. Only seven MPs at the top of the list will be allocated time in the House of Commons for their bill to be discussed and debated. Should the House of Commons approve the proposal, it could go through the whole law-making process and become a real law. If fact, the best chance of getting a new law made is through a balloted bill. (ii) The Ten Minute rule - Ten minutes isn't very long when you're trying to convince hundreds of MPs that your proposal for a law is a good one. The MP only has ten minutes to present in favour of the proposal they've put forward. Once the ten minutes is up, no further debate or discussion will be allowed. (iii) Ordinary Presentation - The MP only gets to present the idea without any time allotted to talk on it. The MP is not allowed to give arguments or...
Words: 1353 - Pages: 6
...Mens Rea in Statutory Offences In the field of law, it is important to understand each and every cause of each and every act. Only then can a sound judgment be given in a case. If the judge does not consider all possible aspects and possibilities, then he will draw the correct legal conclusion most of the times but, not always. One of the most important things to consider with regard to any offence is the mens rea, or the guily intention. This element of crime (mens rea) has been in the picture almost ever since criminal law has been known to exist. It had been incorporated in definitions of crimes as far back as The Code of Hammurabi (1700 B.C.) through the use of words like “intend” and “knowledge”. But, as the years have passed, complexities regarding the use of mens rea have arisen and the courts constantly keep trying to resolve the issues regarding the application of the rule. Generally the question that arises in cases is that whether mens rea is present or absent in the offender. But, sometimes, the question is whether it is required or not. This happens in case of statutory offences. They may expressly or impliedly rule out the requirement of mens rea. The current research study critically analyzes this situation and takes into account the existing views and decisions on the issue. Statutory Offence An offence is basically a violation of law. In legal parlance, the word “offence” is generally construed as a criminal wrong. Hence, offence means a wrong in penal...
Words: 4493 - Pages: 18
...234 October 12, 2015 Dennis Holder Sentencing Paper An analysis of the state and federal objectives of punishment are the consequences or penalties for a crime(s) that have been committed. The punishment ensures that the offender is adequately punished for the offences they are being accused of. The implementation of punishment is to prevent the criminal behavior by deterring the offender from committing similar offences. Usually punishment applies to the offender per the crime that has been committed (Hamilton, 2014). If the accused is a repeat offender of federal crime then they go to a federal prison, for almost every other crime the offender goes to a state prison. A prison-- whether it be state or federal, main objectives is preventing and controlling criminal behavior and acts. There are seven usual punishments depending on the judge’s and/or the jury’s decision at trial (Hamilton, 2014). The minimum sentences like Intensive supervision such as: parole, house arrest, probation, etc., Rehabilitation such as: counseling, drug rehab, restitution, community service, fines, etc. On the contrary, more sever punishments include: capital punishment and incarceration. This type of sentencing is imposed as a criminal sanction by a judicial authority. Mandatory minimums, such as: the three strikes laws and sentencing guidelines require specific sentences. It is done with little consideration of personal factors as it pertains to offenders, their crimes, and victims, because the...
Words: 1267 - Pages: 6
...Issues Related to performance appraisal in a Public Organization A focus on Bangladesh Police (CID) ------------------------------------------------- Letter of Transmittal The 24th November, 2015 Senior Professor Chairman, Management Studies Department of management Studies University of Dhaka Subject: Submission of the Report on Performance Appraisal (Promotion & Transfer) system of CID-Bangladesh Police. Dear Sir, We are the student of EMBA, Department of Management. Our major is in Human Resources Management. We have done our report on Performance Appraisal (Promotion & Transfer) system of CID-Bangladesh Police. It was a pleasure to work and analyze on matters related to the performance appraisal occurring a real work place. This paper has provided us an opportunity to relate our theoretical knowledge with the outside world and gave us practical knowledge of the practices of performance appraisal and many roles played by managers. Here, we are submitting you our final report. We have included the overview of the organization, Conceptual framework of CID- Bangladesh Police, problems with current appraisal system, transfer and promotion practices, transfer and promotion policies, reasons of violations of policies, remedies and recommendations on the current transfer and promotion system. In addition, we would like to say that, it was a great experience working on CID- Bangladesh Police. We have given our best to...
Words: 2179 - Pages: 9
