US 8545 v5a

Learner’s Guide

LEGAL STUDIES

Unit Standard 8545

Version 5 | Level 2 | Credit 3

Describe factors
contributing to, and
consequences of,
crime

Licensed to:
Western Heights High School
2018 - 5a © ATC New Zealand
www.instant.org.nz
i

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 ii

About this
Learner’s Guide
Learning Purpose & Outcomes
In this guide you will learn about factors contributing to crime as well as the consequences of
crime.
When you have successfully completed this course, you will be able to describe the following.
• Elements of crime
• Different categories of crime
• Factors that may contribute to criminal offending
• Non-legal consequences of crime
• Aims of criminal sanctions
• Distinctive features of criminal sanctions
This is an exciting area of law. As you complete this course, you should reflect on the different
crime reports that you see in the newspaper, on TV, and on the internet. Think about the crime
in relation to the information you learn in this guide. Your tutor will help you reflect on these
different factors
A glossary containing difficult or technical terms has been provided at the end of this guide.
These words are highlighted the first time they appear in the main text.

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
iii

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 1

Contents

Elements and categories of crime 2

What is a crime? 2
Elements of a crime 5
Different categories of crime 8

Factors that may contribute to criminal offending 11

Family 12
Poverty 13
Attitudes 14
Alcohol and drugs 16
Education 17
Media 18
Social media 20

Legal consequences of crime 22

Aims of criminal sanctions 23
Custodial sanctions 27
Non-custodial sanctions 29

Non-legal consequences of crime 35

Who does crime affect? 36
Non-legal consequences for the offender 37
Non-legal consequences for the victim(s) 39
The community 41

Glossary 44

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
2

LESSON 1:

Elements and
categories of crime

Learning Objectives
In this lesson you will learn about the following in relation to crimes. A space has been left
What
on theisright
a crime?
of every
What a crime is page for you to make
The elements of a crime notes about what
you are learning.
Different categories of crimes

What is a crime?

Most of us already know quite a lot about crime because we hear

about crime and its consequences in our day-to-day lives.

We may see someone steal something

from a shop, or hear about a student who
has been caught with illegal substances at
school.

We may know someone who has been a

victim of crime.

We may turn on the television and hear about

people all over the world who have committed
offences or been the victim of crime.

We may watch television programmes about

crime, ranging from documentaries to crime
dramas such as CSI, SVU and many others.

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 3

LESSON 1: Elements and categories of crime

Read each of descriptions below. Which of these

What do actions do you think are crimes? Why? Discuss your
You Think? answers with a friend or classmate.

Action Is it a crime? Reason

Yes/No

Borrowing a lawn mower

from a friend and not
returning it.

Stealing a car and taking

it for a joy ride.

Supplying marijuana to
a friend for medicinal
purposes.

Using the family car

without asking first. (You
have a full licence).

‘Borrowing’ a laptop
from your training centre
without asking.

Missing a day of school

because you are sick.

Look at the following definition of a crime:

A crime is an act intentionally committed or omitted in violation

of a law that forbids or commands it.

There are a number of difficult words in this definition. Complete the

following activity to see how many you understand. If you do not
know the meaning of these words, look them up in the glossary at
the end of this guide.

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
4

LESSON 1: Elements and categories of crime

Try it for Match each of the following words with the correct
Yourself meaning.

Intentionally not following a law or other type of requirement

Committed failed to do something

Omitted not being allowed to do something

Violation done on purpose

Forbidden being told to do something

Commanded did something

As the definition on the previous page states, a crime is an act that:

 is done by a person (or something a person has failed to do)
 is done on purpose
 is against the law

We will look at each of these in more detail in the next section.

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 5

LESSON 1: Elements and categories of crime

Elements of a crime

There are three main elements of a crime.

Act committed, or omission of duty

For a person to be found guilty of a crime, they must
physically commit the criminal act. For example, for a person
to be found guilty of receiving stolen goods, it has to be proven
that they physically received the goods.
In some situations, a person is guilty of a crime for not doing an
act (omission of duty). For example, it is a crime for a parent to
not take proper care of their children.

Intention
For a person to be found guilty of a crime, they must also
intend to commit the crime or have knowledge that their
actions could result in the crime. For example, for a person to
be found guilty of receiving stolen goods, it has to be proven
that they knew, or should have known, that the goods were
stolen.
Not all crimes require this element. For example, manslaughter
is a crime where somebody kills another person without
intending to do so.

Prohibited by statute (against the law)

For a person to be found guilty of a crime, their actions have to
be against the law. If their actions are not against the law, then
they cannot be charged with a crime or found guilty of it.

+ + =

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
6

LESSON 1: Elements and categories of crime

Read the following newspaper article and see how each of the three
elements of a crime have been identified.

Act committed, or
Local man found guilty of arson omission of duty
Andrew damaged
A local Fairview Heights man, Andrew Smith, has been the rugby
found guilty of arson, a charge which could result in 14 years’ clubrooms. Video
imprisonment. Arson is prohibited under section 267 of the footage shows
Crimes Act 1961. evidence of this.

On Tuesday 5 August 2016, Mr Smith was found guilty of

intentionally causing damage to the rugby club rooms at Intention
Summerview Rugby Club in Fairview Heights, after video
The Facebook post
footage revealed that he went to the club after midnight and set
by Andrew proves
fire to the clubrooms.
that he intended to
Facebook records provided by the Crown outlined that Andrew commit the act of
Smith had intentionally decided to burn down the clubrooms arson.
after he had an altercation with some Summerview Rugby Club
team members.
Prohibited by
The repair of the clubrooms is expected to cost over $10,000. statute
Arson is prohibited
Mr Smith will be sentenced on 5 October 2016. under section 267 of
the Crimes Act 1961.

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 7

LESSON 1: Elements and categories of crime

Try it for Read the following scenario. Identify and describe each
Yourself of the following elements in the scenario.

Elements of a crime:
• act committed, or omission of duty
• intent
• prohibited by statute

Elements of a crime
Woman charged with theft of
camera Act committed or omission of duty

Sarah Brown, from Christchurch, was today

found guilty in the Christchurch District
Court, for stealing a $3000 camera from
Electronics’ City in Christchurch.

Intention
During the trial the 25-year-old woman
claimed that she mistakenly took the camera
out of the shop. However, it was later
revealed by security staff that Miss Brown
put the camera near the door of the shop and
then took it out of the shop while the security
guard was distracted.
Prohibited by statute

Theft is prohibited under section 219 of the

Crimes Act 1961.

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
8

LESSON 1: Elements and categories of crime

Different categories of crime

There are five main categories of law. Look at the following table.

What is it? Examples of crimes

Crimes against One person or a group of people harm another • murder
the person person physically, sexually, or emotionally. • assault
It also includes killing another person. • abduction
• kidnapping
• sexual violation

Crimes against One person or a group of people damage another • theft

property person’s property or deprive another person of • receiving stolen goods
their property.
• fraud
• arson
• vandalism

Crimes against One person or a group of people do something • indecency

morality that is against the morals or safety standards that • sexual offences
society has agreed on.
• drug offences
• motoring offences

Crimes against One person or a group of people do things • treason

the state to affect the running of the government. This • riots
may include encouraging violence or disorder
• sedition
(sedition) or trying to overthrow the government
(treason).

Crimes against One person or a group of people try to stop the • bribery
the administration functioning of a court of law. They do this by
• perjury
of justice interfering with the court process (perjury), or
• contempt of court
not following the rules set out in relation to the
running of the court (contempt of court). • escape from custody

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 9

LESSON 1: Elements and categories of crime

Try it for What categories of crime do the following scenarios fit

Yourself into? Give a reason for each answer.

Scenario 1:

Mary sees someone in a coffee shop with a new iPhone. Mary decides that she
could easily walk past the table and snatch up the iPhone while the person is
chatting to their friend. She waits until the person is looking away again and
then quickly slips the iPhone off the table and into her handbag.

Category of crime:

Reason:

Scenario 2:

Craig has been working in a low income job for the past five years. His
friend Terry has asked Craig to sell illegal drugs in order to increase his
income. Craig agrees and starts selling drugs outside the university and
at other places where young people hang out.

Category of crime:

Reason:

Continued on next page...

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
10

LESSON 1: Elements and categories of crime

Scenario 3:

Sandra and a group of her friends decided to participate in a protest

against a government decision to develop nuclear arms. The protest got
out of hand, and Sandra got involved in a riot inside government buildings.

Category of crime:

Reason:

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 11

LESSON 2:

Factors that may contribute

to criminal offending

Learning Objectives
In this lesson you will learn about factors that may contribute to
criminal offending. These include:
Family
Poverty
Attitudes
Alcohol and drugs
Education
Media
Social media

Researchers have found that there are certain factors that may
contribute to an increased likelihood that a person will engage in
criminal offending. There is a theory that people who have more of
these factors in their lives are at a ‘higher risk’ of committing crime.

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
12

LESSON 2: Factors that may contribute to criminal offending

Family

An unstable family environment may contribute to criminal offending.

Why is family important?

Families provide a vital support structure for children and young
people, and are especially important for children or youths who are
at risk of offending. Children need good role-models to learn how to
be responsible citizens. They also need guidance about behaviour
that is safe and appropriate.

What happens if a child does not have a good family environment?

When family support structures break down or fail, children may
look outside their family for the answer to their problems. They may
join gangs who lead them into criminal activities or drug and alcohol
abuse.

My parents split up when I was eight years old. My dad went

overseas. My mum was stressed out having to raise three
children by herself and she started drinking alcohol all the
time. I got into the wrong crowd as a teenager and started
experimenting with drugs. I also stole from different shops with
my friends. My mum didn’t seem to care, she let me stay out as
long as I wanted and never asked me where I had been.

Why is it important to have a good family environment?

Try it for How does a good family environment help prevent a
Yourself young person from engaging in criminal activities?

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 13

LESSON 2: Factors that may contribute to criminal offending

Poverty

Poverty is another factor that may contribute to offending.

What is poverty?
Poverty means not having enough money to meet basic living
needs. A family in poverty may not have enough money to buy food,
clothes, pay for housing expenses, and school expenses. They may
be dependent on charities or other organisations to help them meet
their day-to-day needs.

How can poverty contribute to criminal offending?

If people feel that their basic living needs are not being met, they
may turn to crime. They may steal food, or other items such
as clothing and electronics, as they are unable to pay for these
themselves. People will often rationalise their crime and believe it is
justified because they need to support their families and cannot do
so through a regular job (or benefits from the government).

When I was a teenager, my family was very poor. Both of my

parents were out of work, and my father spent a lot of our family’s
money on gambling. I used to steal food for myself and my younger
brother because there was never any at home. First, I started just
taking snacks from the dairy and from the supermarket. But, then I
started stealing clothes, shoes, and cell phones.

Why is it important for all New Zealanders to have

Try it for enough money to meet their basic living needs? How
Yourself does having enough money help prevent a young person
from engaging in criminal activities?

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
14

LESSON 2: Factors that may contribute to criminal offending

Attitudes

Another factor that may contribute to criminal offending is a person’s

attitudes toward crime. We each have a view of what we consider to
be ‘right’ or ‘wrong’ behaviour.

How are our attitudes towards crime developed?

Our attitudes toward crime are usually shaped by our parents or
caregivers, relatives, friends, and life experiences. Moral values also
affect our attitudes to crime.

How can our attitudes contribute to criminal offending?

If a person grows up in an environment where certain criminal
behaviour is tolerated or encouraged, their own attitude to that
behaviour may be that it’s okay to do it. This means that when the
person is older they will be more likely to commit a crime than a
person who views the crime as wrong.

When I was growing up my parents didn’t bother making us wear

seatbelts in cars. They said we didn’t have to follow the law as we
weren’t going to crash. I grew up with this attitude too. It wasn’t
until I met my girlfriend that she educated me about the dangers
of not wearing a seatbelt when travelling in a car.

The table below contains a list of crimes. What is your

What do attitude and the attitude of your family and friends
You Think? towards each of these crimes?

Crime Buying liquor if you are under 18 years of age

(Sale of Liquor Act 1989 S162)
Your attitude

Attitude of
family/friends

Continued on next page...

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 15

LESSON 2: Factors that may contribute to criminal offending

Crime Exceeding the speed limit

(Traffic Regulations 1976, as amended)
Your attitude

Attitude of
family/friends

Crime Knowingly inflicting someone with a disease

(Crimes Act S201)
Your attitude

Attitude of
family/friends

Crime Driving under the influence of alcohol

(Traffic Regulations 1976, as amended)
Your attitude

Attitude of
family/friends

Crime Receiving stolen property

(Crimes Act S246)
Your attitude

Attitude of
family/friends

Crime Joy-riding
(Crimes Act S226)
Your attitude

Attitude of
family/friends

Crime Intentionally causing someone severe mental pain so that you can
intimidate them (Crimes of Torture Act 1989)
Your attitude

Attitude of
family/friends

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
16

LESSON 2: Factors that may contribute to criminal offending

Alcohol and drugs

Another factor that has been found to contribute to criminal

offending is addiction to alcohol or drugs.

What happens when a person is addicted to alcohol or drugs?

If a person becomes addicted to a substance (such as alcohol
or drugs), a cycle of abuse is often formed. They need money to
support their habit, and as their habit grows, they need more money
to pay for more of the substance they are addicted to.
Addiction makes it difficult for a person to hold down a job. Many
people who are addicted to alcohol or drugs decide to quit their jobs
or are forced to leave their jobs. This means that they need to get
money from other avenues to support their addiction.

How does alcohol or drug addiction lead to crime?

If people are addicted to alcohol or drugs, the may need to commit
crime to support their habit. The more their habit grows, the more
crime they must commit.
Also, often when the person is abusing a substance, they are not
thinking rationally (clearly). Their physical, emotional, and mental
need to feed their habit becomes their most important concern. This
overrides their conscience or any rational thoughts such as ‘this is
wrong’ or ‘I shouldn’t do this’.

After I left high school I developed a drug addiction. At first

I could support my addiction from the money that I earned at
my part-time job. However, as I got more addicted, my work
performance dropped and I lost my job. I started to steal items
to pay for my drug habit. All I could think about was drugs and
getting money to pay for them. I didn’t care about hurting people.
I spent a lot of time in counselling. I am so glad that I am drug-
free and contributing to society now.

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 17

LESSON 2: Factors that may contribute to criminal offending

Why is it important for people to limit their alcohol use

Try it for and keep away from drugs? How does being drug-
Yourself free reduce the chance of people engaging in criminal
activities?

Education

Another factor that may contribute to criminal offending is the level

of education a person has.

Why is a good level of education important?

Education refers to learning at a school or training organisation and
getting qualifications from these places. Education gives people
opportunities. When people have completed high school or tertiary
education, they are able to get a job in a range of areas that pay well.

How can a lower education lead to criminal offending?

Some people with a low level education have a difficult time finding
a secure job, or a job that pays enough to meet their day to day
needs. Some may turn to crime as a way of making more money.

I left school when I was 16. Instead of doing more study, or

getting a job, I just went to my friend’s house and played video
games. As I got older I found it hard to get a job. Many people in
the workforce had a better education and more work experience
than me. I turned to crime to get cash. I thought it was an easy
way to make money – but I ended up spending a long time in
prison.

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
18

LESSON 2: Factors that may contribute to criminal offending

Why is it important for people to get a good education?

Try it for How does a good education reduce the chance of young
Yourself people engaging in criminal activities?

Media

Another factor that may contribute to criminal offending is the media.

What is the media?

The media refers to communications and information that everyone
has access to. This includes information from television, radio,
newspapers, and online. The media shares information about
current events, and also provides entertainment such as television
programmes, music, and so on.

How can the media influence people to criminally offend?

The media has the power to influence the way that many people
think, especially young people who do not have good role models
in their lives. Young people may think that the way people act in
fictional television programmes is a suitable way for them to act.
For example, a television programme may have a character who
is violent. Some young people who watch the show may think it is
okay for them to be violent too.

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 19

LESSON 2: Factors that may contribute to criminal offending

I used to love watching TV when I was younger. In one of

the shows I watched, some of the main characters took illegal
drugs. They looked cool and they made illegal drugs look
glamourous. I became really curious, and thought about trying
drugs myself. I talked to my friend about this and she helped
me see that the television programme wasn’t real. In real life,
taking illegal drugs can be extremely dangerous and have many
negative consequences.

Try it for Choose one television programme that you currently

Yourself watch. Answer the questions that follow.

1. What is the television show about?

2. Is there anything negative in this television show that could affect young people?

3. Could this negative aspect lead to criminal offending? If so, explain how.

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
20

LESSON 2: Factors that may contribute to criminal offending

Social media

Another factor that may lead to criminal offending is social media.

What is social media?

Social media refers to websites and applications that enable users
to create and share content or to participate in social networking.
Examples of common social media platforms include Facebook,
Instagram, Snapchat, and Google+.

How can social media encourage criminal offending?

In most cases, social media does not encourage criminal offending.
However, in some cases, young people may make friends on social
media with people who are a bad influence, or people who are
already involved in crime. Young people may be encouraged to
participate in the crimes by the friends they make on social media.
Also, some people may bully others online. For example, they may
make mean comments about a person, or publicly humiliate a
person. Bullying other people online is illegal.

A few years ago I became friends with a woman on Facebook.

She lived in the same city as me. At the start, we just chatted
about day-to-day life. However, after a few weeks the woman
asked me if I wanted to help her sell drugs. She told me that I
could make a lot of money from it. I told her that I didn’t want
anything to do with drugs and I deleted her as a friend.

Try it for Answer the following questions.

Yourself

1. How can people use social media in a way that is safe?

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 21

LESSON 2: Factors that may contribute to criminal offending

2. What should young people do if they are asked to participate in a crime?

Everyone can change and learn

We have looked at a range of factors that have been linked to
criminal offending. However, it is very important to note that a
negative factor which helps mould or shape one person into
a criminal may have no impact on another person. Individuals
respond uniquely to their environment.
There are many cases of people from ‘high risk’ situations
who decide they want a better life for themselves and future
generations. These people choose to seek help to ‘break
the cycle’ of crime. They may receive help at school, from
counsellors, from their spirituality, from supportive friends and
family, or even at work.

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
22

LESSON 3:

Legal consequences of
crime

Learning Objectives
In this lesson you will learn about the legal consequences of crime.
In particular, you will learn about the following.
Aims of criminal sanctions
Custodial sanctions
Non-custodial sanctions

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 23

LESSON 3: Legal consequences of crime

Aims of criminal sanctions

When a person has been convicted of a crime in a court, the

legal consequences for that person are called sanctions of law. A
sanction is a penalty or punishment for wrongdoing.
Different people have greatly varying opinions as to what the aim(s)
of criminal sanctions should be. Look at the following examples.

I think our system is too soft on offenders. I

would like to see capital punishment returned. It
should be a life for a life!

I think prisons merely create hardened criminals

and waste taxpayers’ money. I would like to see
penalties that are more humane and restore the
offender to their communities and to a productive
life.

I think we should really focus on protecting

people in our communities. If there are people
who are a danger to our society, they shouldn’t be
around other people. It’s just too risky.

I think we need to send a strong message to

would-be criminals that if they commit a crime,
they have to pay the time. We can’t be too lenient
on crime. Offenders think they can just get away
with criminal behaviour.

There are five different approaches to criminal justice. We will look at

each of these in turn.

Punishment Community
Rehabilitation
(retribution) protection
Compensation Deterrence

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
24

LESSON 3: Legal consequences of crime

Punishment (retribution)

The form of the

The main purpose
punishment will be
is to punish the
different depending on
offender for what they
the crime committed
have done.
by the offender.

Aims of
punishment
(retribution)

Punishment Punishment
aims to deprive the focuses solely
guilty person of their on the belief that
freedom, privacy, offenders should pay
and or goods. for their crime.

Compensation

Compensation
Compensation is
is commonly used
the giving of money
in situations where
to the victim, to make
the victim suffered
up for the crime.
emotional harm.

Aims of
compensation

The aim of
compensation is Compensation is
to make the offender most commonly used
suffer financially, and to in non-criminal cases,
give the victim some where there is a dispute
benefit to make up between two parties.
for the crime.

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 25

LESSON 3: Legal consequences of crime

Community protection

Community The aim of

protection is community
thought of as one of protection is to keep
the most important the offender away
types of criminal from people in the
sanctions. community.

Aims of
community
protection
With
The offender this sanction,
is removed from the effect of the
society so that they punishment on the
are no longer in a offender is seen as less
position to cause harm important. The main
to society by re- focus is on keeping
offending. the community
safe.

Deterrence

General
Deterrence focuses deterrence focuses
on long-term on discouraging
prevention of the potential offenders
crime. from committing a
crime.

Aims of
deterrence

Sometimes a
Individual Judge will give
deterrence aims to an offender a longer
prevent an individual prison sentence in order
from committing a to deter other offenders
crime again. from committing the
same crime.

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
26

LESSON 3: Legal consequences of crime

Rehabilitation

Rehabilitation Sometimes
aims to change the offenders will be
character and attitudes taught how to handle
of the offender so they their anger differently,
can go back into society or to alter the way
without re-offending. they react to certain
situations.

Aims of
rehabilitation

Rehabilitation
A key component looks to the long-
of rehabilitation is term reform of the
counselling, where offenders offender’s behaviour
are helped with identifying and aims to prevent
and addressing the factors future crime, rather than
that contributed to their just punish crime that
criminal behaviour. has already been
committed.

Try it for Which of the following aims of criminal sanctions do you

Yourself think is the best for society? Explain your answer.

You may choose from:

• punishment (retribution)
• compensation
• community protection
• deterrence
• rehabilitation.

Write your answer on a separate piece of paper.

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 27

LESSON 3: Legal consequences of crime

Custodial sanctions

In the previous section we looked at the different aims of criminal

sanctions. In this section we will look at one type of criminal
sanction: custodial sanctions.

What are custodial sanctions?

Custodial sanctions require a person to have restricted liberty for a
specified period of time. This is usually done through imprisonment,
life imprisonment, or preventive detention.
Let’s look at each of these custodial sanctions in more detail.

Imprisonment This is where a person is put in a state prison

for a time set by the Judge (months or years).
Imprisonment is reserved for very serious crimes.
The amount of time in prison will depend on the
crime. The court can only impose a sentence of
imprisonment if it is satisfied that it will serve the
purposes and principles of sentencing laid out in
Sections 7 and 8 of the Sentencing Act 2002 and
that the purposes could not be achieved through
any other sentence. A sentence of imprisonment
is also appropriate if the offender is unlikely to
comply with other sentences.

Life This is an indefinite prison sentence which is

imprisonment reserved for the most serious crimes (eg murder).
If convicted of murder, the courts must sentence
the offender to a minimum prison sentence,
which may not be less than 10 years.

Preventative This is an indefinite prison sentence which is

detention applied for a person convicted of a sexual or
violent offence, if the court determines that the
person is likely to commit another sexual/violent
offence if released from prison. The purpose of
preventive detention is to protect the community
from offenders who pose a significant and
ongoing risk to the safety of the community
members. The courts must impose a minimum
period for the sentence that is no less than five
years.

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
28

LESSON 3: Legal consequences of crime

Key aim(s) of the

Summarise the key features of custodial sanctions by completing the table below.

sentence
Length of the sentence
Crimes(s) the sentence
is for
Who imposes the
sentence?
Try it for
Yourself

Detention
Imprisonment Life Imprisonment
Preventative

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 29

LESSON 3: Legal consequences of crime

Non-custodial sanctions

What are non-custodial sanctions?

Non-custodial sanctions deal with an offender through community-
based organisations. The person is not sent to jail for their crime.
Usually non-custodial sanctions are for minor crimes, or crimes
where the offender is not a threat to the community.
Look at the following list of non-custodial sanctions.

Home This sanction requires the offender to remain at

detention an approved address (residence) at all times.
The offender is electronically monitored (using an
electronic anklet) and if they leave the residence
or try to remove the anklet, an alarm is triggered
and a security guard is sent to the address.
The period of the sentence can range from 14
days to one year.
Standard conditions of the sentence include:
• compliance with electronic monitoring
• restrictions on leaving the residence
• restrictions on work arrangements
• restrictions on associating with certain
people.

Community This is a community-based sentence where the

work offender is required to do unpaid work in the
community for non-profit organisations as a way
of making up for their offending. The length of
time for a community work penalty ranges from
40 to 400 hours.
The sentence applies to crimes which are
serious enough that they are punishable by
imprisonment. However, the courts have
determined that the character of the offender
and the nature of the crime mean that it would be
better for the offender to make up for their crime
through community work.

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
30

LESSON 3: Legal consequences of crime

Supervision This form of sanction requires the offender to

follow certain rules under the supervision of a
probation officer. Some standard rules include:
• reporting regularly to the Community
Probation and Psychological Service, who
are responsible for
o managing the supervision
o restrictions on living and working
arrangements
o restrictions on associating with
certain people.
Special conditions of the sentence include:
• participation in training programmes
• participation in non-residential
rehabilitative programmes
• addressing any other issues that reduce
the person’s risk of further offending
As with community work, the sentence of
supervision is handed down for crimes that would
normally be punishable by imprisonment. The
courts may determine that supervision (rather than
imprisonment) would help to reduce the likelihood
of further offending by rehabilitating the offender
and helping them reintegrate into society.
The period of the sentence is between six
months and a year.

Extended This sentence can be imposed on child-sex

supervision offenders who were sentenced to a fixed term of
imprisonment and who have been assessed as
having a high and ongoing risk of further such
offences. The period of this sentence is for up to
10 years after the offender’s release from prison.
Standard conditions of this sentence include:
• regular reporting to a probation officer
• restrictions on where an offender may live
and work
• restrictions on whom they may associate with.
Special conditions may place further restrictions
on where an offender may live, require
attendance at treatment programmes, electronic
monitoring, and one-to-one monitoring (for a
maximum of 12 months).
US8545v5a Learner's Guide Licensed to Western Heights High School
Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 31

LESSON 3: Legal consequences of crime

Community This sentence requires the offender to comply

detention with a curfew imposed by the court, which is
electronically monitored (using an electronic
anklet). The sentence cannot be imposed without
the consent of the offender. The period of the
sentence is up to six months, and curfews can
range from 2 to 84 hours per week.
If an offender tries to remove their anklet or
leaves the curfew address during curfew,
this sets off an alarm and it is reported to the
Community Probation and Psychological Service.
The sentence is applied for crimes where the
court believes that by restricting the movements
of the offender at particular times of the day/
night, the likelihood of them reoffending will
be reduced. The aim of this sentence is to
punish the offender by restricting their liberty
and to prevent future offending (ie community
protection).

Intensive This sentence is imposed for offenders who have

supervision been convicted of serious offences, and who
have severe and/or complex rehabilitative needs
and a high risk of re-offending.
The aim of the sentence is rehabilitation and
offenders are required to work with a probation
officer (who provides intensive oversight) to
address the causes of their offending.
The sentence is managed by the Community
Probation and Psychological Service and has the
same standard and special conditions as that
of supervision, with the addition of the special
condition that regular reports must be given to
the court regarding the offender’s compliance
with the sentence.

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
32

LESSON 3: Legal consequences of crime

Choose any three of the non-custodial sanctions we

Try it for have discussed and answer the following questions
Yourself about each of these sanctions.

1. What is the name of the sanction?

2. What crime(s)/conditions is the sentence for?
3. What is the length of the sentence?
4. What is the purpose(s) of the sentence?
5. What does the sentence involve?

Non-Custodial Sanction 1
1. Name of sanction:

2. Crime(s)/conditions the sentence is for:

3. Length of the sentence:

4. Purpose of the sentence:

5. What does the sentence involve?

Continued on next page...

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 33

LESSON 3: Legal consequences of crime

Non-Custodial Sanction 2
1. Name of sanction:

2. Crime(s)/conditions the sentence is for:

3. Length of the sentence:

4. Purpose of the sentence:

5. What does the sentence involve?

Non-Custodial Sanction 3
1. Name of sanction:

2. Crime(s)/conditions the sentence is for:

Continued on next page...

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
34

LESSON 3: Legal consequences of crime

3. Length of the sentence:

4. Purpose of the sentence:

5. What does the sentence involve?

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 35

LESSON 4:

Non-legal consequences
of crime

Learning Objectives
In this lesson you will learn about the non-legal consequences of
crime. In particular, you will learn about the following.
Who does crime affect?
Non-legal consequences for the offender
Non-legal consequences for the victim(s)
Non-legal consequences for the community

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
36

LESSON 4: Non-legal consequences of crime

Who does crime affect?

Crime has a negative effect on:

The offender The victims The community

the person who the person or All the people living in
committed the people who had the one area
crime crime committed
against them

These effects may be:

Economic Cultural
relating to money relating to the way
and profit different groups live

Social Psychological
relating to the community relating to the mental
and the way it interacts health of a person

Let’s look at examples of each of these possible consequences for

the offender, the victim(s) and the community.

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 37

LESSON 4: Non-legal consequences of crime

Non-legal consequences for the

offender
There is a range of non-legal consequences for the offender.

Economic • The offender will often lose their job and will
effects for the be unable to support their family.
offender • The offender will have a criminal record which
will make it more difficult for them to get a job
once they have completed their sentence.
• Some offenders may become bankrupt or
lose their business.

Cultural • A loss of authority, control, social prestige,

effects for the power or honour (mana), especially for
offender cultural or religious leaders (eg church
leaders, kaumatua), or other members of high
community standing.
• The offender may feel that they have brought
shame on their immediate and extended
family, whanau, hapū, and iwi.
• The offender may feel that they are not worthy
to rejoin their cultural, religious, or tribal
group.

Social effects • They may be rejected/shunned by family and

for the friends or may suffer family breakdown.
offender • Offender may withdraw from family and
friends through their shame.
• May have to change friendships once they
are out of prison so they do not fall into bad
company again.

Psychological • Fear of the future.

effects for the • Loss of confidence, low self-esteem.
offender
• May feel life is not worth living.
• Has to live with the guilt of the crime.
• May end up with ongoing mental health
issues related to their crime and/or its
consequences.

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
38

LESSON 4: Non-legal consequences of crime

Try it for Think of one additional non-legal effect for the offender
Yourself for each category.

Economic effect:

Cultural effect:

Social effect:

Psychological effect:

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 39

LESSON 4: Non-legal consequences of crime

Non-legal consequences for the

victim(s)
There is also a range of non-legal consequences for the victims.

Economic • May have physical or psychological issues

effects for the because of the crime.
victims • Loss of earnings during recovery from the
crime.
• May have had money or property stolen
which may not be replaced.
• May have to pay legal costs for their case.

Cultural • Humiliation, loss of status, etc (eg loss of

effects for the mana).
victims • Isolation from family (whanau).
• Cultural or religious rules and values
may affect victim (eg rape victim may be
considered unclean or unworthy of marriage
in certain cultures).

Social effects • May affect relationships with friends and

for the victims family (eg sexual assault victims may feel
unable to have close physical contact).
• Victim may have difficulty adjusting to life
after the crime; may withdraw from people
and activities.
• May need to have ongoing therapy (eg
counselling).
• May become dependent on drugs or alcohol
as a way of dealing with the trauma.

Psychological • May feel fearful, vulnerable, and afraid that

effects for the the same crime might happen again.
victims • Unable to sleep properly and other physical
health problems as a result of the stress of
the crime.
• May feel powerless and lose self-esteem.
• Suffer feelings of rejection, hurt, distrust and
anger.

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
40

LESSON 4: Non-legal consequences of crime

Try it for Think of one additional non-legal effect for the victim(s)
Yourself for each category.

Economic effect:

Cultural effect:

Social effect:

Psychological effect:

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 41

LESSON 4: Non-legal consequences of crime

The community

The community is also affected by crime.

Economic • The cost of paying for the offender to be kept

effects for the in prison and/or be rehabilitated.
community • The community loses a productive citizen,
because they are no longer working in a job.
• Increased demand from the community on
crime support groups (eg women’s refuge,
victim support, and rape crisis).
• Increase in government spending on police,
prisons, Courts etc.

Cultural • All cultures are affected by crime, but

effects for the especially by crimes targeted at specific
community ethnic groups.
• People of different cultures may be afraid
to express their culture in public for fear of
reprisal.
• Different cultures may move to live in other
areas due to fear of attack.

Social effects for • Members of the community may become

the community more fearful, and scared to leave their homes.
• There may need to be an increased law
enforcement presence.
• Members of the community become more
conscious about personal safety and security.

Psychological • Fear of the crime.

effects for the • Shock immediately after crime occurs.
community
• Mistrust of others.
• Anger at the offender.
• Concern for the future: Will the crime happen
again?

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
42

LESSON 4: Non-legal consequences of crime

Try it for Think of one additional non-legal effect for the

Yourself community for each category.

Economic effect:

Cultural effect:

Social effect:

Psychological effect:

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 43

LESSON 4: Non-legal consequences of crime

Read the following scenarios and answer the questions

that follow.
Try it for 1. Jimmy supplied marijuana to two friends. Both of his
Yourself friends smoked the marijuana and got stoned. One of
his friends failed a drug test at work the next day and
lost his job.
a) What is a non-legal consequence for Jimmy?

b) What is a non-legal consequence for the friend who lost his job?

c) What is a non-legal consequence for the community?

2. Mary was driving home from work. She drove over the speed limit and lost
control of her car. She crashed into an oncoming car and badly injured the
person driving the car.

a) What is a non-legal consequence for Mary?

b) What is a non-legal consequence for the victim?

c) What is a non-legal consequence for the community?

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
44

Glossary

abduction the action of forcibly taking someone away against their will
addiction not being able to stop using a drug or other substance
altercation disagreement
arson the criminal act of deliberately setting fire to property
bribery dishonestly persuade (someone) to act in your favour by giving money or
another gift
capital punishment the legally authorized killing of someone as punishment for a crime
charity an organisation that helps poor people, or people in need
commanded being told to do something
commit to do something
compliance the action or fact of following a wish or command.
conscience a person's moral sense of right and wrong
contempt of court the offence of being disobedient to or disrespectful of a court of law and
it’s officers
curfew a regulation requiring people to remain indoors between specified hours,
typically at night
custody imprisonment
dependent on to rely on something or someone
deterrence to stop a person or group of people from doing something
forbidden not being allowed to do something
glamourous to look cool, smart, or elegant
goods items that a person owns
humane showing compassion or kindness
humiliate embarrass or make fun of another person
indecency acting inappropriately, especially in relation to sexual matters
intentionally done on purpose
isolation separation, loneliness
justify to show that something is right or reasonable
lenient more tolerant or kinder than expected
liberty freedom
medicinal something that is used as a medicine
omit to fail to do something

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 45

perjury the offence of wilfully telling an untruth or making a misrepresentation in

court
physically to do something with your body
probation officer a person who supervises criminal offenders
rationalise try to explain behaviour with logical reasons, even if that behaviour is not
appropriate
reprisal an act of retaliation.
sanction a penalty for disobeying the law
sedition conduct or speech that encourages people to rebel against the state
trauma a deeply distressing or disturbing experience
treason the crime of betraying your country
vandalism damaging public or private property
victim a person who has a crime done to them
violation not following a law or other type of requirement
vital essential, important
vulnerable in need of special care, support, or protection

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
46

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz
 47

Licensed to Western Heights High School US8545v5a Learner's Guide

02022017-US8545-136990 INSTANT Education Solutions Describe factors contributing to, and consequences
5a © ATC New Zealand www.instant.org.nz of, crime
21 Ruakura Rd, Hamilton East,
Hamilton 3216
Phone: 0800 864 863
E-mail: [email protected]

www.instant.org.nz

© ATC New Zealand

US8545v5a Learner's Guide Licensed to Western Heights High School

Describe factors contributing to, and consequences 02022017-US8545-136990 INSTANT Education Solutions
of, crime 5a © ATC New Zealand www.instant.org.nz