1. Intro to criminal law Flashcards
Criminal law…
Aims to prevent behaviour that society deems harmful - the prevention of harm
Moral wrongness approach…
Behaviours should be criminalised if they are deemed to be morally wrong
Individual autonomy approach…
Individuals should be free to do as they choose and only behaviour that harms others should be criminalised
Community welfare approach…
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
Statutory law…
Parliament-made law
Common law…
Judge-made law based on precedent
Jurisdiction…
A court’s power to hear certain matters
Court hierarchy…
Supreme Court of Appeals
Supreme Court
District Court
Magistrates Court
Rule of law…
We are ruled by laws not powers, no one is above the law - criminal law applies to members of government
Due process…
.right to be treated fairly when interacting with the CJS
Elements of due process…
Notice Publicity Standards of proof Evidence Impartiality Trial by jury Appeal Legal representation Adversary process