Lesson 29: Key concepts of Criminal Law

Question 1

Parties in Criminal Law:
The Accused

Question 2

Parties in Criminal Law:
The Prosecution

Question 3

Presumption of Innocence

Answer 3

A right for all accused people to be presumed innocent until they are proven guilty, beyond a reasonable doubt

Question 4

Burden of Proof

Answer 4

The obligation (responsibility) of a party to prove a case (prove facts) → onus of proof
- Every court case = 1 party has this responsibility
- This means that the plaintiff must present evidence to establish that the defendant is in the wrong (or liable for the harm inflicted → plaintiff)

Question 5

Standard of Proof

Answer 5

The degree or extent to which a case must be proven in court
- Civil cases = plaintiff must prove the case on the balance of probabilities
- This means that the plaintiff must prove they are more likely to be right, and the defendant is more likely to be in the wrong (i.e. >50%)

Question 6

Beyond a Reasonable doubt

Answer 6

Police must hold reasonable belief that a person has committed a crime before arrests are made

Question 7

Ways the Presumption of Innocence is upheld:
Reasonable Belief

Answer 7

Must have reason to arrest before arrest is made

Question 8

Ways the Presumption of Innocence is upheld:
The right to apply for bail

Answer 8

Upholds the presumption of innocence

Question 9

Ways the Presumption of Innocence is upheld:
Prior convictions cannot be revealed

Answer 9

If the accused has prior convictions they cannot be revealed during trial

Question 10

Ways the Presumption of Innocence is upheld:
Committal Proceedings

Answer 10

Hearings that occur before the Magistrate to determine whether the prosecution has sufficient evidence to proceed to trial