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Proving Guilt AOS1 Flashcards

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1
Q

What is the definition of crime?

A

An act or omission that contravenes an existing law, causing harm or danger to society

Crime can involve actions or failures to act that violate legal statutes.

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2
Q

What is the relevant legislation for crime in this context?

A

The Victorian Crimes Act 1958

This act outlines various crimes and their penalties in the Victoria region.

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3
Q

What is one purpose of the criminal law?

A

Protection of society

This purpose aims to reduce danger and harm in society, ensuring individuals are safe from experiencing crime.

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4
Q

What does deterrence of crime refer to?

A

The act of discouraging offenders from committing similar crimes through the imposition of sanctions

Sanctions serve to prevent both the convicted individual and others from reoffending.

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5
Q

What is meant by ‘minimum standards for behavior’ in criminal law?

A

Regulating how individuals in society should act and establishing the punishments they will receive for certain behaviors

This ensures that individuals are aware of the consequences of their actions.

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6
Q

What purpose does criminal law serve regarding justice for victims?

A

To provide justice for victims of crime and their families

This includes addressing the harm caused by the crime and ensuring accountability for the offender.

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7
Q

True or False: The concept of justice in criminal law is applied equally to everyone.

A

True

Justice is a principle that ensures the law is applied uniformly, regardless of personal characteristics or socio-economic status.

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8
Q

What are crimes against persons?

A

Acts that cause harm or threaten harm to individuals

These crimes directly affect the safety and well-being of individuals.

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9
Q

What are crimes against property?

A

Criminal acts that involve using force to unlawfully acquire money or personal property

These crimes often include theft, burglary, or vandalism.

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10
Q

Who are the accused in criminal matters?

A

Individuals who are accused of allegedly committing a crime.

There can be one or multiple accused individuals.

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11
Q

What are individuals referred to after being found guilty?

A

Criminals.

Once individuals have been found guilty or pleaded guilty.

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12
Q

Who are the victims in criminal matters?

A

Individuals who have been named, injured, or affected by the commission of a crime.

There can be more than one victim.

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13
Q

What are witnesses in a criminal case?

A

Individuals who can recall aspects of a crime being committed.

Victims can also be witnesses if they can remember what happened.

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14
Q

What is the role of the prosecution?

A

Lawyers working in the criminal justice system responsible for bringing criminal offenders to justice.

They present the criminal case in court before a judge.

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15
Q

What does the burden of proof refer to?

A

The responsibility or onus on a party to prove the facts of a case.

In a criminal case, it is on the prosecution.

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16
Q

What is the standard of proof in a criminal case?

A

The level of degree or extent to which the criminal case must be proven.

It relies on the strength or evidence being presented.

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17
Q

What does ‘beyond a reasonable doubt’ mean?

A

The judge or jury must be convinced that there is no other logical, reasonable explanation other than the accused committing the crime.

This is a high standard to achieve.

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18
Q

What is the presumption of innocence?

A

The argument for an accused person to be presumed innocent until proven guilty beyond a reasonable doubt.

The accused pleads guilty.

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19
Q

How is the presumption of innocence upheld?

A

Through legal processes and regulations.

It requires a fair trial and evidence evaluation.

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20
Q

What does bail allow an accused person to do?

A

To be free until punishment is decided.

Bail is a legal mechanism that can prevent incarceration before trial.

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21
Q

What can prior convictions reveal in court?

A

Potential bias.

Prior convictions can affect perceptions and decisions in the courtroom.

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22
Q

What is the definition of actus reus?

A

The wrong act, representing the physical element of a crime, which must be undertaken as part of the crime.

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23
Q

What does mens rea refer to?

A

The guilty mind, representing the mental element of a crime, indicating awareness of criminal behavior and potential consequences.

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24
Q

Give an example of mens rea.

A

Purchasing a weapon, attempting to conceal evidence, or being reckless.

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25
What is strict liability in the context of criminal offenses?
A type of offense that does not require the mens rea element to be satisfied for the accused to be found guilty.
26
Provide examples of strict liability offenses.
Speeding, running a red light, or not wearing a seatbelt.
27
What are the reasons for strict liability?
No protection for types of crimes, regardless of the offender's intent, recklessness, or negligence.
28
What is the age of criminal responsibility?
The age under which an accused cannot be found guilty if actus reus and mens rea have been established.
29
What is the minimum age for criminal charges?
A child under 10 years of age cannot be charged.
30
What is the age range of 10-13 regarding criminal charges?
Children can be charged if prosecution can prove the child comprehends wrong.
31
What does doli incapax mean?
'Incapable of wrong,' an assumption that applies to children below the age of 10, believed to be incapable of possessing criminal intent.
32
What is the legal consideration for all child matters?
Handled in children's court.
33
What must be considered when a crime is being investigated by the police or in trial?
All participants in a crime must be considered ## Footnote This includes both principals and accessories.
34
What is a principal offender?
An individual who commits the crime and is directly involved in the enactment of the crime ## Footnote Principal offenders are often those who directly carry out the criminal act.
35
What are accessories in relation to a crime?
Individuals who assist, encourage, or believe that another person is guilty of a serious indictable offense and act to prevent their arrest or punishment ## Footnote Accessories can play a significant role in the commission of a crime without being the principal offender themselves.
36
What actions might qualify someone as an accessory?
Actions can include: * Hiding a principal offender * Tampering with evidence * Providing false alibi * Driving a getaway car after a robbery ## Footnote Accessories are often involved in aiding the principal offender in escaping justice.
37
According to the Crimes Act 1958, how many principal offenders can there be in a crime?
There can be more than one principal offender ## Footnote This means multiple individuals can directly participate in the crime.
38
True or False: A principal offender is always the only person guilty of a crime.
False ## Footnote Other individuals may also be guilty as accessories or co-offenders.
39
Fill in the blank: A principal offender directly __________ in the commission of a crime.
commits the act ## Footnote This highlights the active role of principal offenders in criminal activities.
40
What is the difference between categorizing and classifying?
Categorizing involves determining the nature of the occurrence, while classifying involves determining the type of crime.
41
What are the three main types of crimes mentioned?
* Crimes against a person * Crimes against property * Regulatory offenses
42
Define summary offenses
A criminal occurrence that is considered less serious in nature.
43
What is the legislation related to summary offenses in Victoria?
Summary Offenses Act 1966 (VIC)
44
List features of summary offenses.
* Less serious in nature * Heard in magistrates' court * No committal proceedings * No jury * Sanctions are usually fines calculated by penalty units
45
What is the value of one penalty unit in Victoria?
5 dollars
46
Give two examples of summary offenses.
* Disorderly conduct * Common assault * Property damage
47
Define indictable offenses.
Criminal occurrences that are considered more serious in nature than summary offenses.
48
What is the legislation governing indictable offenses in Victoria?
Victorian Crimes Act 1958 (VIC)
49
List features of indictable offenses.
* More serious in nature * Heard in county and supreme court * There are committal proceedings * There is a jury of 12 during trial
50
What are common sanctions for indictable offenses?
* Community corrections orders * Terms of imprisonment
51
Provide examples of indictable offenses.
* Murder * Kidnapping * Stalking
52
What are indictable offenses?
Indictable offenses that are considered less serious and can be heard in the magistrates' court.
53
What is the legislation for indictable offences heard summarily ?
Criminal Procedures Act 2009 (VIC)
54
What is the maximum punishment for indictable offences heard summarily?
10 years
55
True or False: Summary offenses can be heard in the county court.
False
56
Fill in the blank: The accused must consent to ________ for indictable offences.
summary hearings
57
What is the definition of murder?
The intentional killing of a human being by a person who acted voluntarily and without any lawful justification.
58
What are the elements of murder?
1. The victim was a human being. 2. The victim died. 3. The victim was above the age of discretion. 4. The accused's act was voluntary (actus reus). 5. The accused's act caused the death of the victim (actus reus). 6. The accused acted with intention or recklessness (malice aforethought/mens rea). 7. The death was unlawful.
59
What does 'irreversible death' mean?
Defined to mean the irreversible cessation of all biological functions that sustain life.
60
What is the age of discretion?
The age at which an individual is presumed to have the capacity to control their bodily movements when committing an act that results in death.
61
What is meant by 'causation' in the context of murder?
Actions that contributed directly and substantially to the victim's death.
62
What is required for causation to be established?
1. Direct, unbroken causal link between actions and death. 2. Substantial outcome test. 3. Natural consequences must be foreseeable.
63
What are intervening acts in causation?
Acts that may break the chain of causation if they occur after the accused's actions and lead to the victim's death.
64
True or False: The accused must have intended to kill their victim for a murder charge.
True
65
Fill in the blank: The accused's act must be ______ to establish murder.
voluntary
66
What is 'mens rea' in the context of murder?
The mental state of the accused, indicating intention or recklessness.
67
What does 'actus reus' refer to?
The physical act of committing the crime, which in murder includes causing the death of the victim.
68
What happens if the victim's death is due to an unforeseeable intervening act?
The accused may argue that the chain of causation has been broken.
69
What does malice refer to in the context of intentional murder?
Thinking about harming someone before you do it ## Footnote Malice is a necessary mental state for intentional murder.
70
What is required for a charge of intentional murder?
The accused causes the death of another with specific intent to cause serious physical injury ## Footnote Intentional murder involves a deliberate intention to kill or cause serious harm.
71
Define grievous bodily harm (GBH).
Really serious injury, including unconsciousness or paralysis ## Footnote Psychological injuries can also qualify as GBH.
72
What characterizes reckless murder?
Conduct that will probably cause grievous bodily harm ## Footnote Reckless murder involves a disregard for the potential consequences of one's actions.
73
What is the difference between reckless murder and intentional murder?
Reckless murder involves probable harm, while intentional murder involves certainty of death ## Footnote Intentional conduct is aimed at causing death, whereas reckless conduct shows indifference to consequences.
74
What are the general characteristics of unlawful killing?
Nearly all killings of another human being will be unlawful with certain exceptions ## Footnote Exceptions include capital punishment in certain countries and self-defense.
75
What is an exception to the unlawful killing rule regarding soldiers?
A soldier killing an enemy in battle ## Footnote This is generally accepted under the laws of war.
76
True or False: The death penalty is still a legal punishment in Australia.
False ## Footnote The death penalty is no longer a legal sentence in Australia.
77
Fill in the blank: A person acting in self-defense is an exception to _______.
unlawful killing ## Footnote Self-defense claims must be reasonable in the eyes of the court.
78
What does the term 'reckless conduct' imply in the context of law?
Indifference to the consequences of one's actions ## Footnote Reckless conduct can lead to serious legal consequences, including charges of murder.
79
What is the first requirement for self-defense?
Honest belief that their actions were necessary to protect themselves or someone else from death or grievous bodily harm.
80
What is the second requirement for self-defense?
Perception that their actions were a reasonable response in the circumstances.
81
What must the circumstances be for duress to apply?
The circumstances must be such that the accused's will was absolutely contra, becoming a mere innocent instrument of the crime.
82
What belief must the accused have to raise a duress defense?
They must reasonably believe that: * A threat of death or grievous bodily harm will be carried out unless they commit a crime. * Committing a crime is the only way to avoid the threatened harm. * Their conduct is a reasonable response to the threat made.
83
What type of test is used to determine the accused's belief in duress?
Subjective test.
84
Can duress be used if the accused is voluntarily associated with another person for criminal activity?
No.
85
What must the accused believe in a situation involving sudden or extraordinary emergency?
They must believe that: * There was a sudden or extraordinary emergency involving death or grievous bodily harm. * Their actions were the only way of dealing with the situation. * Their conduct was a reasonable response to the situation.
86
Fill in the blank: The accused's actions must be a reasonable response to the _______.
[threat or situation]
87
True or False: Duress can be claimed if the accused had prior knowledge of the criminal activity.
False.
88
What is a custodial sentence?
A sentence that requires time in custody, or prison. ## Footnote Requires restriction of a person's liberty.
89
What is a non-custodial sentence?
An order made by the court that allows a person charged with an offense to live in the community while receiving treatment or fulfilling other conditions. ## Footnote This often includes community service or rehabilitation programs.
90
What is a non-parole period?
The minimum time before the offender must serve in prison before being eligible for parole.
91
What are the physical impacts of murder on individuals?
Physical health problems may arise for those close to a murder victim, such as grief and insomnia. ## Footnote These effects can lead to various health issues.
92
What are the psychological impacts of murder on individuals?
Psychological impacts can include post-traumatic stress, depression, and severe stress for victims and their families. ## Footnote The offender may also experience feelings of guilt, regret, remorse, shame, and humiliation.
93
How can murder impact the economic situation of a family?
The victim may be the primary financial provider, leading to economic hardship for the family due to the loss of income.
94
What social impacts can occur for individuals in prison due to murder?
Individuals may face negative impacts on their social life as they cannot regularly see their family and support networks.
95
What are the economic effects on local communities with high rates of murder?
Such communities can develop an unsafe reputation, which may reduce local property values and deter people from living in the area.
96
What are the social effects on members of communities with high rates of murder?
Residents may live in constant worry over their safety and experience anxiety related to violent crime.
97
What are the legal impacts of ongoing instances of violent crime?
Increased fear in the community, psychological stress, and mental health challenges for residents.

Legal Studies (4 decks)

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