Crime and Punishment Flashcards
(14 cards)
1
Q
Legal Rules are…
A
- Legal rules are laws
- are punishable by the police and courts
- are created by Parliament
E.g. murder, kidnapping, assault
2
Q
Non-Legal rules
A
- created by institutions, clubs and private communities
- are not punishable by law, but they can still hold consequences
E.g. incorrect uniform, late to training
3
Q
Criminal law
A
- harmful to society as a whole
- punishable by fines, CCO’s or imprisonment
- makes society feel uncomfortable
- the court aims to prove guilt
4
Q
Civil Law
A
- Someone infringing the rights of another
- Punishable by ways of damages (monetary compensation) and injunction
- affects the individual involved
- court aims to prove liability
5
Q
Summary offences
A
- minor crimes
- heard in magistrates by magistrate
- hearing
6
Q
indictable offences
A
- serious crime
- heard in higher courts
- trials
- heard by judge and jury of 12 memebers
7
Q
Standard of proof
A
- level of certainty or the degree to which evidence must be proved
8
Q
Standard of proof in a ciminal case
A
- beyond reasonable doubt
- highest standard of proof in justice system
9
Q
Burden of Proof
A
responsibilty of the party to prove guilt or liability
10
Q
Burden of proof in a criminal case
A
- lies with the prosecution
11
Q
Standard of proof in a civil case
A
- balance of probabilites
- lower standard of proof
- relies on evidence tipping slightly in one parties favour
12
Q
Burden of proof in a civil case
A
- lies with the plaintiff
13
Q
The presumption of innocence
A
- a person is inncocent until proven guilty beyond a reasonable doubt
- the individual must be viewed and treat, like they have not committed the crime untill the justice system has proven them guilty
14
Q
Upholding the Poi
A
- offender does not need evidence to prove their case
- apply for bail while awaiting their trial date
- the right to remain silent through out
- if the accused has previous convictions, they can not be used as a factor to determine guilt.