pt 1 Flashcards
Two purposes of criminal law
punishing criminals & dealing with offences against state
Difference between a criminal and civil case
civil:
disputes between parties
criminal:
prosecutions brought against individuals/companies on behalf of state
Two elements of a crime
actus reas (guilty act)
mens rea (guilty mind)
summary offence
minor offences
indictable offence
serious offences (murder, arson)
Define the term ‘appeal’
arguing the courts decision
The age of criminal responsibility in Victoria
10
The Adversary system of trial
two parties battling to win case
five features of the Adversary System
Role of the parties, Role of the judge. Standard and burden of proof, The need for legal representation, The need for rules of evidence and procedure
Hearsay evidence
first hand evidence, must only say what they heard directly
opinion evidence
only be given if witness is recognised by court as an expert
What is a jury?
group of ordinary people randomly selected to hear facts of case deciding whether defendant is guilty or not guilty
people who can’t serve on a jury
excused for good reason, being in prison, serving community corrections order
