1. Intro to criminal law Flashcards

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1
Q

Criminal law…

A

Aims to prevent behaviour that society deems harmful - the prevention of harm

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2
Q

Moral wrongness approach…

A

Behaviours should be criminalised if they are deemed to be morally wrong

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3
Q

Individual autonomy approach…

A

Individuals should be free to do as they choose and only behaviour that harms others should be criminalised

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4
Q

Community welfare approach…

A

Criminal law should be used to protect the physical well-being of members of a community - places a premium on community interests over those of the individual

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5
Q

Statutory law…

A

Parliament-made law

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6
Q

Common law…

A

Judge-made law based on precedent

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7
Q

Jurisdiction…

A

A court’s power to hear certain matters

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8
Q

Court hierarchy…

A

Supreme Court of Appeals
Supreme Court
District Court
Magistrates Court

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9
Q

Rule of law…

A

We are ruled by laws not powers, no one is above the law - criminal law applies to members of government

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10
Q

Due process…

A

.right to be treated fairly when interacting with the CJS

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11
Q

Elements of due process…

A
Notice
Publicity 
Standards of proof 
Evidence 
Impartiality 
Trial by jury
Appeal
Legal representation 
Adversary process
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