The Presumption of Innocence Flashcards
Criminal law
Regulates the conduct in society to protect the community and provides sanctions to those who commit crimes
How does criminal law achieve its purposes?
- establishes the law through statutes and court decisions
- enforces the law through the police
- decides who has broken the law through the courts
Purposes of Criminal law
- protect individuals
- protect property
- protect society
- maintain public order and security
- protects justice and the rule of law
-protects rights - improves society generally
The Presumption of Innocence
Guarantees that a person is considered to be innocent until a charge against them is proved beyond reasonable doubt. An accused person does not have to prove they are innocent
Standard of Proof
The evidence presented by the prosecution must prove that the accused is guilty beyond reasonable doubt
Burden of Proof
The prosection is responsible for presenting valid, reliable and sufficient evidence in court to prove the accused is guilty
Elements of a crime
Actus Reus and Mens Rea
Actus Reus
A guilty act or omission - the physical element
Mens Rea
The person’s state of mind when performing the actus reus. There must have been intention - the mental element
Strict Liability
These crimes fo not involve a guilty mind - the actus reus is enough too establish guilt
Age of criminal responsibility
People under 10 cannot be charged with any crime. For those between 10-13, the prosecution must prove the child knew their actions were wrong. 14 and over are criminally liable for their actions
Types of crime
Crimes against the person and crimes against property
Offence division
A - crimes against the person
B - crimes against property
C - drug offences
D - public order and security offences
E - justice procedure offences
F - other offences
Summary offences
Minor crimes that are heard in the Magistrates’ court
Indictable offences
More serious crimes are generally heard by a judge and jury in the County court or Supreme court
