Untitled Deck Flashcards
(19 cards)
what is criminal law
- protect individuals
- protect property
- protect society
- protect justice
how is presumption of innocence protected
- standard of proof is beyond reasonable doubt
- burden of proof is on the prosecution
- police must reasonably belive a person has committed a crime before arresting them
- has the right to legal representation
- has the right to silence
- previous convictions cannot be revealed in court until sentencing
- has the right to appeal
presumption of innocence
the accused is treated as innocent until proven guilty
actus reus (guilty act)
the prosecution must prove they physically did the wrongful action
mens rea (guilty mind)
the prosecution must prove they knowingly or intentionally committed the wrongful action
strict liability
they lack mental element and prosecution only needs to prove wrongful action or inaction, not intention to commit the crime.
age of criminal responsibility
the minimum age a person must be to be charged of committing a crime (10-13)
burden of proof
the responsibility to prove the allegations made in case
the standard of proof
the strength of evidence needed to prove a legal case beyond reasonable doubt
division a
crimes against the person
division b
property and deception offences
division c
drug offences
division D
public order and security offences
division E
justice procedures offences
division F
other offences
indictable offences
Serious crimes generally heard and determined in the higher courts
summary offences
Minor crimes heard and determined in the Magistrates’ Court by
a magistrate
principle offender
a person who commits an offence and who has carried out the actusreus
accessory
A person who knowingly assists another person who has committed a serious offence to avoid being arrested, prosecuted, convicted or punished.
