UNIT 1 AOS 2 the presumption oof innocences

Question 1

laws

Answer 1

legal rules made by a legal authority that are enforceable by the police and other agencies

Question 2

social cohesion

Answer 2

a term used to describe the willingness of members of a society to cooperate with each other inorder to survive and prosper

Question 3

criminal law

Answer 3

an area of law that defines behaviours and conducts that are prohibited and outlines sanctions for people who commit them

Question 4

crime

Answer 4

a crime is defined as an act or omission that is
-against an existing law
-harmful to an individual or society
-punishable by law

Question 5

sanction

Answer 5

a penalty imposed by a court on a person guilty of a criminal offence

Question 6

parliament

Answer 6

a formal assembly of representatives of the people that is elected by the people and gathers to make laws.

Question 7

victimless crime

Answer 7

an offence which involves the offender and where no direct harm is suffered by a victim

Question 8

standard of proof

Answer 8

the degree/level/extent to which a case must be proven in court by the prosecutor

Question 9

prosecution

Answer 9

the party who imposes a penalty on the accused

Question 10

burden of proof

Answer 10

on the prosecution - the prosecution must prove the guilty, the accused doesn’t need to prove their innocence.

Question 11

presumption of innocents

Answer 11

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

Question 12

beyond reasonable doubt

Answer 12

the standard of proof in criminal cases. this requires the prosecution to prove there is no reasonable doubt that the accused committed the offence

Question 13

standard of proof

Answer 13

the degree or extent to which a case must be proved in court.

Question 14

prosecution

Answer 14

a party that institutes criminal proceedings against an accused on behalf of the state. the prosecution team includes the prosecutor

Question 15

accused

Answer 15

a person charged with a criminal offence but has not been found guilty or pleaded guilty

Question 16

burden of proof

Answer 16

the obligation of a party to prove a case. the burden of proof usually rests with the party who initiates the action (such as the plaintiff in a civil case and the prosecution in a criminal case)

Question 17

plaintiff

Answer 17

the party who makes a legal claim against another party in a court

Question 18

balance of probabilities

Answer 18

the standard of proof in a civil disputes. this requires the plaintiff to establish that it is more probable than not their claim Is true

Question 19

bail

Answer 19

the release of an accused person from custody on condition that they will attend a court hearing to answer the chargers.

Question 20

actus reus

Answer 20

a latin term meaning “a guilt act” the physical element of the crime

Question 21

mens rea

Answer 21

a latin term meaning “a guilty mind” the mental element of the crime (an awareness that the conduct is criminal)

Question 22

strict liability

Answer 22

when culpability or responsibility for committing a crime can be established without having to prove there was mens rea.

Question 23

doli incapax

Answer 23

latin term meaning in capable of evil and refers to the principle in Victoria that a child in-between 10 and 13 years is presumed to be incapable of forming mens era as they do not have the intellectual or moral capacity

Question 24

cyber crime

Answer 24

a criminal offence in which the use of computer

Question 25

prejudice crime

Answer 25

a criminal offence motivation by prejudice, intolerance and bias towards the victim.

Question 26

community correction order

Answer 26

a flexible non-custodial sanction does not involve imprisonment. the offender serves in the community with other regulations

Question 27

guilty plea

Answer 27

when an offender formally admits guilt, which is then considered by the court when sentencing

Question 28

organised crime

Answer 28

a criminal offence undertaken in a planned and ongoing manner by organised gangs

Question 29

royal commissions

Answer 29

highest form of inquiry into matters of public importance and concern

Question 30

white collar crime

Answer 30

a criminal offence undertaken by people working for the government, in business or in the corporate world

Question 31

indictable offence heard and determined summarily

Answer 31

a serious offence that is dealt with summarily in the court

Question 32

Principal offender

Answer 32

a person who has carried out the acts reus and has therefore committed the offence

Question 33

accessory

Answer 33

a person who does an act to help another person commit a serious indictable offence

Question 34

indictable offence

Answer 34

a serious offence heard by a judge and jury in the country court or supreme

Question 35

summary offence

Answer 35

a minor offence generally heard in the magistrates court

Question 36

mental impairment

Answer 36

a condition of ones mind which affects there ability to understand the nature of their crime, and that the conduct was wrong

Question 37

secure treatment order

Answer 37

a sanction that requires the offender to be compulsorily detained and receive treatment at a mental health facility

Question 38

duress

Answer 38

a defence of s crime as the accused has been threatened to inflict death or face significant injury

Question 39

reasonable belief

Answer 39

an honest held opinion about the way things are, which would be seen by an ordinary person, in the same circumstances, to be sensible and correct

Question 40

automatism

Answer 40

a defence to murder as an unconscious or involuntary actions

Question 41

murder

Answer 41

murder is the unlawful and intentional killing of a human being by a person who acted voluntarily and without any lawful jurisdiction

Question 42

capable driving causing death

Answer 42

"Causing death by dangerous or careless driving" refers to driving recklessly or negligently, resulting in someone's death.

Question 43

causation

Answer 43

the direct relationship between to events where 1 event was the direct effect of effect 2

Question 44

what is the purpose of criminal law

Answer 44

to protect individuals, society, property, and to promote justice.

Question 45

how does criminal law achieve its purposes

Answer 45

establishing law, enforcing law, deciding who is guilty, and imposing sanctions of offenders.

Question 46

different ways the presumption of innocence is protected

Answer 46

-burden of proof on the prosecution -standard of proof -right to legal representation -right to an appeal

Question 47

list the general defence to crime

Answer 47

-self defence -mental impairment -automatism -intoxication -accident -duress sudden or extraordinary emergency

Question 48

self defence of murder

Answer 48

the accused believed that heir actions where necessary to protect themselves or another person from death or significant injury

Question 49

duress as a general defence to murder

Answer 49

the accused must be under a threat to inflict death or significant serious injury