AOS 2 - Chapter 4 Flashcards
What is criminal law?
An area of law that defines behaviours that are prohibited and outlines sanctions for those who commit crimes
What is a crime?
An act that goes against an existing law
What is a sanction?
A penalty imposed by the court to those who are found guilty of a criminal offence.
What is a victimless crime?
An offence that only involves the offender/s
What are the four purposes of criminal law?
- Protecting individuals
- Protecting property
- Protecting society
- Protecting justice
What does “protecting individuals” refer to?
Criminal law aims to protect individuals by establishing crimes and processes to deal with people who commit crime. e.g. Laws make actions like murder, rape, arson illegal
What does “protecting property” refer to?
Protects privately owned and public property e.g. It is an offense to trespass and/or steal property
What does “protecting society” refer to?
Protects the community as a whole by setting standards and making it clear what is and isn’t prohibited behaviour
What does “protecting justice” refer to?
Promote justice by providing processes to deal with offenders
What are the sides of a criminal case
- Prosecution: Side that argues the accused is guilty
- Accused/Defendant: Person who is accused
- The defence: Side that argues the accused is innocent
- The victim: Person who was subjected to harm/damage
What does the presumption of innocence refer to?
“Innocent until proven guilty.” People who are accused of committing a crime must be assumed as innocent until it is proven guilty.
What does “beyond reasonable doubt” mean?
The standard of proof in criminal cases. Requires the prosecution to prove there is no reasonable doubt that the accused committed the offence.
What is the standard of proof?
The degree to which a case must be proved in court.
What is burden of proof?
The obligation of a party to prove a case. Usually rests with the party who initiates action.
What is bail?
Release of an accused person from custody on condition they will attend a court hearing to answer charges.
How is the presumption of innocence protected?
- Burden of proof is on the prosecution
- Standard of proof must be met
- Police officers must believe reasonably that a person committed a crime before detaining them
- A person who has been arrested has the right to apply for and be granted bail
- An accused has the right to legal representation in court
- An accused has the right to silence
- ## Accused’s previous convictions cannot be brought up in court until sentencing processes begin (after they have been found guilty) so there is no bias
What is murder?
What is manslaughter?
