Criminal Investigation Process (Wk5-8) (U1) Flashcards Preview

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Flashcards in Criminal Investigation Process (Wk5-8) (U1) Deck (15)
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1

The onus of proof rests on the...?

Prosecution

2

Define Actus reus?

- The physical act of committing a crime. (e.g. manslaughter)

3

Define mens rea?

- The mental act of committing the crime, intention to cause harm to somebody. (e.g. murder, armed robbery)

4

What are the three functions of the Queensland parliament?

1- To make laws
2- Represent the people
3- Provide a forum for debate

5

Define onus of proof?

The responsibility of proving a disputed charge or allegation.

6

Define standard of proof in a criminal proceeding?

The court is not to find the case of the prosecution proved unless it is satisfied it has been proved beyond reasonable doubt.

7

Define jury?

A body of persons sworn to judge and give a verdict on a given court matter.

8

Who is common law made by?

Made by courts

9

Who is statute law made by?

Made by parliaments

10

How many people are on most criminal juries?

12

11

What are the basic elements of criminal law?

- Presumption of innocence
- Onus and standard of proof
- Sources of Queensland criminal law

12

What are rights of citizens and the powers of the police?

- The power of arrest, detention, search and seizure
- The right to silence
- Watch-house and bail procedures

13

What is criminal conduct?

Criminal conduct means conduct that breaks a law where a criminal penalty can apply. Sometimes a certain action (or failure to act) can be both a crime and trigger rights to civil damages or compensation as well.

14

What is Locard's Principle?

LP holds that the perpetrator of a crime will bring something into the crime scene, and leave with something from it.

15

How is DNA used as evidence?

- Everyones DNA is different
- DNA can link a suspect to the crime, or eliminate them.