Sec 2 Rules And Theory Flashcards
(14 cards)
What is the definition of a crime
A crime as an act or omission that is prohibited by law an punishable by the state. It constitutes of a breach of legal duty owed to society
Primary sources of criminal law
Statute law: laws enacted by parliament
Common law: laws developed through judicial decisions and precendents
Elements of criminal liability
AR: the guilty act
MR: guilty mind
Causation: linking to the act to the consequence
Concurrence: AR and MR must coincide
Key parties involved in a criminal case
Prosecution: represents the state and brings charges to the defendant
Defence: represents the accused individual
Burned of proof
And
Standard of proof
B: lies with the prosecution
S: beyond reasonable doubt
Aims of sentencing
Protection
Deterrence
Retribution
Rehabilitation
Public order
Principles of criminal law
Legality: no crime without law
Fairness: equal treatment under the law
Proportionality: punishment fitting the crime
Presumption of innoncencr: innocent until proven guilty
Correspondence principle
MR should correspond to AR of the crime
Fair labelling
The legal label of an offence accurately receiver the nature and severity of the crime
Rule of law
All individuals and institutions are subject to and accountable under the law which just be fairly applied
Criminal law and morality
Criminal law reflects moral values but debates exist over whether law should enforce morality
Hart Devlin debate
Devlin: law should uphold moral standards
Hart: law should not enforce morality unless it causes harm to others
R vs Brown 1993
Demonstrates the tension between personal autonomy and public morality, as consensual harm in private was criminalized
R v R 1991
Overturned the legal precedent that a husband could not be guility of raping his wife
