criminal law Flashcards
What are just and equitable outcomes?
just: legally right, lawful, fair
equitable: even and impartial, balance of the rule of law and rights and freedoms of individuals
What is a crime?
the intentional commission of an act usually deemed socially harmful or dangerous and specifically defined, prohibited, and punishable under criminal law
What is mens rea?
a latin term meaning ‘guilty mind’ which refers to the mental element of an offence - this can be an intent to commit the crime or a recklessness/knowledge of the consequences
What is actus reus?
a latin term meaning ‘the guilty act’ which refers to the physical element of the crime - this must be proven to be convicted of a crime
What is presumtion of innocence?
an accused person is innocent until proven guilty
What is onus of proof?
refers to who has the obligation of proving some claim in a trial - it is almost always the prosecution
What is standard of proof in criminal trials?
beyond reasonable doubt
What is the adversarial system?
the judge is impartial and the decision is made by a jury
What is the inquisitorial system?
the judge collects evidence, conducts investigation and makes the ultimate decision
