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Should drones over neighbouring residential properties and making visual recordings of other people without their consent be criminalised?
Crime
1. To understand criminalisation it is essential to define Crime. As there is no unified definition of crime, scholars such as G Williams in the text book of Criminal Law (Steven and Sons, 2nd Ed, 1983) 27, defines crime as “A crime (of offence) is a legal wrong that can be followed by criminal proceeding which may result in punishment”.
2. Oxford dictionary of Law (6th Ed, 2006) 140 defined Crime as an act (or sometimes failure to act) that is deemed by statute or by the common law to be a public wrong and is therefore punishable by the state in criminal proceeding.
Role of the criminal law in
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The Civil Safety Regulation 1998 (CTH) have provided the rules for all air craft. Part 101 was added into the regulation in 2002 which regulates drones until this day. Nothing in the act mentions visual recording made from a flying drone. It provided a guideline for the operation of drones; no drones to be flown over 400ft and it cannot discharge or drop anything that may cause harm. Regulating small drones seems to be a difficult task as Terry Farquharson noted in his speech in 2013.
8. A drone flying over a private land could raise a few causes of action such as trespass to land and private nuisance. In Bernstein V Skyviews & General Ltd it was established that a cause of action for trespass may arise if the trespass happens over the surface of land in its airspace.
9. Justice Gleeson CJ in Lenah Game Meats mentioned that an act could not always be considered private as such due to the fact that it is not been committed in public, for example anyone could be sitting in their own privacy of their backyard and be surrounded by taller buildings they are exposed to the eyes of others. Or another example given if someone is sunbathing nude on a nudist beach the act itself could be seen as a private act done in a public place. Des Butler, ‘The Dawn of the Age of the Drones: An Australian Privacy Law Perspective.
“ Criminal law is the body of law that relates to crime.” (Wikipedia, 2014) This law encompasses several different aspects of our government and the ways used to regulate them. Maintaining the peace and order of the public is one aspect. Law enforcement officers also try to keep good conduct of the public. Anyone who places the safety of the public in jeopardy, is in violation of this law. Punishment is used in a variety of ways to discipline any person who breaks these laws. There are four main sources used in today’s criminal law:
Crime is any violation of law, either divine or human; an omission of a duty commanded, or the commission of an act forbidden by law. Gross violation of human law, in distinction from a misdemeanor or trespass, or other slight offense. Hence, also, any aggravated offense against morality or the public welfare any outrage or great wrong. Any great wickedness or sin; iniquity. {Copyright 2004 BrainyMedia.com}
Like earlier this year, in February, when a drone came close to crashing into a Denton careflite helicopter enroute to pick up a patient (Dallas News). A close call could have turned into tragedy, but this can be prevented with meaningful laws restricting improper use of unmanned aircraft. Luckily, legislation was introduced to restrict the use of drones over certain facilities and sports venues. HB 1424 is purposed to create a criminal offense for unruly drone behavior over prohibited areas. Jane Nelson voted in favor of this bill.
Crime is legally defined as “acts which break or contravene the letter of the law” (Mooney et al., 2004, pg 6). There is, however, another definition of what crime is, “acts which break or contravene a set of formal or informal norms or codes” (Mooney et al., 2004, pg 6), the normative definition. The two definitions of crime are quite different; there is no one predetermined definition of what is meant by the term ‘crime’, therefore, it is socially constructed.
Crime- A deviant act that is a violation of social set laws from the government.
Crime is seen as deviant behaviour that violates prevailing norms which are the cultural standards prescribing how humans ought to behave normally. This violation of a law;-offences against the person, violent offences, sexual offences and offences against property, causes injury to the public or an individual and a term in jail or prison, and/or a fine are possible penalties.#
A criminal is obviously an individual who commits a crime, but what is crime? A crime is any act or omission of an act in violation of a public law. Though most laws are common throughout America, some laws are also established by local and state governments as well. Criminal laws and penalties vary from state to state. Crimes include both felonies and misdemeanors. Felonies are serious crimes like murder or rape and are punishable by imprisonment for a year or more. The consequence for felonies such as murder and treason can be the death penalty. Misdemeanors are less serious crimes like petty theft or speeding and are punishable by less than a year in prison. Fines are also punishments of both misdemeanors and felonies. The fine’s amount is determined by the seriousness of the case. However, no act is a crime unless it has been stated as such by an American law or statute.
.When it comes to defining crime, criminal law has 7 basic principles to do so, which are, legality, human conduct, harm, causation, mens rea, concurrence and punishment requirement. Legality: "principle that every crime must be clearly defined by common law or legislation prior to its commission." (Alder et al, 2012, p.109) In other words, an individual cannot be held guilty for conduct that has not been legislated before the act was committed. Human conduct
...only imagine how hazardous this world we live in become. Amongst countries this can become an international competition to make drones to be used as a factor. When other nations see this particular country is using some type of technology to improve their military system then they would want part of it as well. The drone practice can cause to escalate if other countries adopt to this new technology for their own reason of protection. There will be no turning back because the government of that country would take advantage of these drones to use it towards the citizens instead of using for “terrorist”. The use of these drones is definitely immoral and unethical but some may argue that the of drones as protection against “terrorist” even though as we can see it kills innocent people, creates more terrorists, causes psychological disorders, and violates privacy. (Cole)
There are pros and cons of using drones around the world. One pro of having drones and surveillance the crime rate should have a significant drop. "The reason why crime would go down would be because people who commit crimes are more likely to get caught. Depending what type of drone it is you could attack a speaker or microphone and speak through it."
certain acts and persons become fitted with the label `criminal’ i.e. the process of crime interpretation by the courts
Crime is a human conduct that violates the laws of a state or the ferdral government. There are different ways people view criminal behavours either thourgh the view of the social problem prespective which blames the society and the social responsibility which blames the person who commited the crime. Through thses two prespective we get the idea of therories. A thoerey
The basic definition of the word criminal is someone who commits offending behaviour within society (Harrower, 2001). The crime may range from petty theft to murder.
Social impacts of drones, depend greatly on their use. For the backyard enthusiast/hobbyists, they are fully supported and these individuals are continually leaning forward to get the best performance and upgrades they can, unfortunately most have cameras and are opposed by others that value privacy. There are a growing number of “Drone Clubs,” throughout the world now as the technology spreads, especially in US universities. Most of these
But the problem usually arises when deciding as to what or which acts should be penalised by the law of the society or the state i.e. which acts should be classified as “crime”. According to Terrance Morris (Changing concepts of Crime and its Treatment): “Crime is what society says is crime by establishing that an act is a violation of the criminal law. Without law can be no crime at all, although there may be moral indignation which results in law being enacted.”