Legal: Test 2

Question 0

Define criminal law

Answer 0

An offence against the community and state which is punishable by law

Question 1

4 characteristics needed to define a crime

Answer 1

Must be an existing law
Harmful to an individual
Punishable by law
Acteus reus and men’s rea

Question 2

Define Presumption of innocence

Answer 2

They are innocent until proven guilty

Question 3

Standard of proof

Answer 3

Crown or prosecution

Question 4

Burden of proof

Answer 4

Beyond reasonable doubt

Question 5

What two elements of a crime usually need to be proven to be guilty of a crime

Answer 5

Mens rea (a guilty mind)
Actus reus (a guilty act)

Question 6

Define strict liability

Answer 6

When men’s reus does not need to be proven but actus reus has to be proven

Question 7

At what age Can a person be charged with a criminal offence. Explain.

Answer 7

10. They need to no the difference between right and wrong

Question 8

Four different participants in a crime

Answer 8

Principal offender
Accessory before the fact
Principal in the second degree
Accessory after the fact

Question 9

Offence against a person

Answer 9

Assault

Kidnapping

Question 10

Offence against property

Answer 10

Theft
Burglary
Robbery

Question 11

Define homcide

2 examples

Answer 11

Killing of one human being by another

Question 12

Define lawful homicide

2 examples

Answer 12

Not punishable by law

Capital punishment
Self defence

Question 13

Define unlawful homicide

4 examples

Answer 13

Punishable by law

Manslaughter
Murder
Capable driving
Infanticide

Question 14

Three examples of offence against property

Answer 14

Theft ( dishonest)
Robbery (act of stealing with the use of threats or force
Burglary (trespassing with the intent to steal or to commit an offence

Question 15

Self defence

Answer 15

When your life is in danger by another, you can kill the other in self defence

Question 16

Necessity

Answer 16

The act of killing or injuring another to save another’s life
R V Dudley and Stephens

Question 17

Define capital punishment

Answer 17

Punishment involving death

Question 18

3 advantages of capital punishment

Answer 18

Less criminals in prison, less money government pays
Criminals won’t spend there rest of there life in prison
Other people will not do it

Question 19

3 disadvantages

Answer 19

Won’t be able to see loved ones
It costs more than keeping someone in jail for life
Life in prison is a harsher punishment

Question 21

Define manslaughter

Answer 21

Unlawful killing of another person without malice aforethought

Question 21

Principle offender

Answer 21

The person who commits the crime

Question 22

Murder

Answer 22

The killing of another human being with malice aforethought

Question 23

Accessory before the fact

Answer 23

Someone who assists before the crime actually happens

Question 24

Principal offender in the second degree

Answer 24

Someone who assists the principal offender at the crime scene

Question 25

Accessory after the fact

Answer 25

Someone who help after the crime