PROVING GUILT

Question 1

Purpose of criminal law?

Answer 1

Criminal law aims to protect individuals by establishing crimes and
processes to deal with people who commit these crimes.

Criminal law aims to protect the community as a whole by setting standards
and making it clear what behaviour is not tolerated by the community and the legal system

Question 2

Presumption of innocence?

Answer 2

the right of a person
accused of a crime
to be presumed not
guilty unless proven
otherwise

Question 3

How is the presumption of innocence protected?

Answer 3

The burden of proof in a criminal case is on the prosecution – this means the prosecution must
present evidence to the court to prove the guilt of the accused, rather than the accused being
required to prove their innocence.

Question 4

actus reus ( guilty act)

Answer 4

. For a person to
be found guilty of committing a crime, the prosecution must prove the person physically did the
wrongful action (or inaction).

Question 5

mens rea (guilty mind)

Answer 5

For a person to be
found guilty of committing a crime, the prosecution must also prove that the person knowingly or
intentionally committed the wrongful action (or inaction).

Question 6

Strict liability

Answer 6

where culpability
or responsibility for
committing a crime can
be established without
having to prove there
was mens rea (i.e. a
guilty mind)

for eg drunk driving

Question 7

the age of criminal responsibility

Answer 7

The age of criminal responsibility is the minimum age a person must be to be charged with committing
a crime.

Question 8

what is the age of criminal resp

Answer 8

A person under 10 years of age cannot be charged with a crime.

A person aged between 10 and 13 years can be charged with a crime if the prosecution can prove
that the child knew, at the time of the crime, that their actions were wrong

Question 9

types of crimes

Answer 9

There are many different types of crime. Crimes can be classified according to:
* the social purpose (or nature) of the offence
* the type of offender or victim
* the seriousness of the offence.

Question 10

Two of the main categories according to the nature of the offences are

Answer 10

Crimes against a person - h
crimes against property

Question 11

diff between crimes against property and person

Answer 11

Crimes against person involve physical harm to an individual or threats to cause harm eg murder

Crimes against property involve taking or damaging a person’s property eg theft

Question 12

sumarry offence def

Answer 12

minor crimes heard and determined in the Magistrates’ Court by a magistrate.

Question 13

indictable offence

Answer 13

– serious crimes generally heard and determined in the higher courts (i.e. the
County Court and Supreme Court) before a judge and jury, or