C4 The presumption of innocence AOS2

Question 1

Victimless crime

Answer 1

An offence that only involves the offender(s) and where no direct harm is suffered by a victim but can indirectly harm individuals and society. The offence goes against what society considers to be acceptable.

Question 2

List the 4 purposes of criminal law?

Answer 2

To protect individuals, protect property, protect society, and to promote justice (and the rule of law);

Question 3

How does criminal law protect individual’s?

Answer 3

Protects individual’s safety

Question 4

How does criminal law protect property?

Answer 4

Aims to protect privately and publicly owned property which includes the environment and personal properties of citizens.

Question 5

How does criminal law protect society?

Answer 5

Aims to protect the community as a whole by setting standards and making clear which behavior Is tolerated by the legal system, which conduct is appropriate and inappropriate helping to maintain public order and community safety.

Question 6

How does criminal law promote justice and rule of law?

Answer 6

By providing processes to deal with offenders end to enforce the law criminal law aims to promote justice which enables a set process to prosecute those who act unlawfully so that only authorised people can enforce and punish people.

Question 7

Presumption of innocence

Answer 7

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

Question 8

Beyond a reasonable doubt

Answer 8

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

Question 9

Standard of proof

Answer 9

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

Question 10

Prosection

Answer 10

The lawyers who prepare a criminal case and take it into court on behalf of the state, the victim and society.

Question 11

Accused

Answer 11

A person charged with a criminal offence.

Question 12

Burden of proof

Answer 12

The obligation or responsibility of a party to prove a case that usually rests with the party who initiates the action (the plaintiff in a civil dispute and the prosecution in a criminal case).

Question 13

Balance of probabilities

Answer 13

The standard of proof in civil disputes rests on the plaintiff in a civil dispute to prove that the defendant was more probable or likely than not to have committed the version of facts accused of.

Question 14

Bail

Answer 14

The release of an accused person from custody on condition that they will attend their court hearing to answer the charges.

Question 15

List 3 ways the presumption of innocence is protected

Answer 15

Through the burden of proof, the standard of proof, and through the right to remain silent;

Question 16

How is the presumption of innocence protected through the burden of proof?

Answer 16

The burden of proof means that the prosecution must present evidence to the court to prove the guilt of the accused rather than the accused being required to prove their innocence.

Question 17

How is the presumption of innocence protected through the standard of proof?

Answer 17

The standard of proof is required by the prosecution to present sufficient evidence to the court to prove that the accused is guilty beyond a reasonable doubt.

Question 18

How is the presumption of innocence protected through the right to silence?

Answer 18

The right to silence means that the accused does not need to answer any questions or give evidence in court and their silence is not to be interpreted as a sign of their guilt.

Question 19

Mens rea

Answer 19

A Latin term meaning the ‘guilty mind’ which refers to the mental element of a crime. The prosecution must also prove that the person knowingly or intentionally committed the wrongful action or inaction.

Question 20

Actus reus

Answer 20

A Latin term meaning the ‘guilty act’ which refers to the physical element of a crime. The prosecution must prove the person physically did the wrongful action or inaction.

Question 21

Strict liability

Answer 21

Where culpability or responsibility for committing a crime can be established without having to prove there was mens rea (i.e. a guilty mind).

Question 22

The age of criminal responsibility

Answer 22

Refers to the age of criminal responsibility a person must be to be charged with committing a crime. A person between the ages of 10-13 can be charged if the prosecution can prove that the child knew at the time of the crime, that their actions were wrong which is known as rebutting the principle of doli incapax.

Question 23

What is the principle of doli incapax dependent on?

Answer 23

Factors such as the child’s age, upbringing, maturity, prior criminal history, and what the child said and did before, during, and after committing the crime.

Question 24

Doli incapax

Answer 24

A Latin term meaning incapable of evil, the principle that a child aged between 10 and 13 years is presumed to be incapable of forming mens rea (a guilty mind) because they do not have the intellectual or moral capacity to know the difference between right and wrong.

Question 25

Name the 3 classifications that a crime can be categorised into

Answer 25

The social purpose (or nature) of the offence, the type of offender or victim, and the seriousness of the offence;

Question 26

Crime statistics

Answer 26

Information (data) collected by authorities (e.g. the police) and analysed to track the level of crime or offending in the community. Crime statistics also track the types and levels of sentences given to convicted offenders.

Question 27

List the 5 types of offender/ targeted victims a crime can be classified into

Answer 27

Cyber-crime (e-crime), organized crime, juvenile crime, white-collar crime, and hate crime;

Question 28

Cyber-crime (e-crime) with examples

Answer 28

Criminal offences are committed using computers or other electronic systems and devices. For example, cyber-crimes (e-crimes) include online fraud, the creation of malicious software and computer hacking.

Question 29

Hate crime with examples

Answer 29

Criminal offences are motivated by prejudice and bias against another person or group based on personal characteristics (e.g. gender, race, age, religion).

Question 30

Organised crime with examples

Answer 30

Criminal offences are undertaken in a planned and ongoing manner by organised criminal syndicates or gangs which often involve illegal activities such as drug manufacturing and tracking, money laundering etc.

Question 31

Juvenile crimes with examples

Answer 31

Criminal offences are undertaken by young people aged between 10 and 18 years with common examples including fare evasion, assault, property damage (e.g. graffiti and vandalism), theft (e.g. shoplifting, theft of a motor vehicle etc).

Question 32

White-collar crimes with examples

Answer 32

Criminal offences are undertaken by people who work in government, businesses or in the cooperate world who use their position of employment to gain financial advantage. Common white-collar crimes include theft, fraud, tax evasion and investment scams.

Question 33

Indictable offence

Answer 33

Serious crimes tried in the country court or supreme court. The final hearing at which both parties put their case before the court is known as a trial where the jury determines the verdict.

Question 34

Summary offence (misdemeanours)

Answer 34

Minor crimes heard and determined in the Magistrate’s court by a magistrate;

Question 35

Committal hearing

Answer 35

Court hearings are held in the Magistrates’ Court to decide whether there is sufficient evidence against an accused person charged with a serious criminal offence to order them to face trial in a higher court.

Question 36

Indictable offence heard summarily

Answer 36

Serious crimes that may be heard in a lower courthouse (i.e. without a jury);

Question 37

Principal offender

Answer 37

The person who is considered to be most immediately linked to the commission of the crime (i.e. carrying out the actus reus).

Question 38

Accessory

Answer 38

A person who, without a lawful excuse assists a principal offender after a crime has been committed which includes helping the principal offender avoid being arrested, prosecuted, convicted, or punished for the crime (an accessory can be found guilty regardless of whether the principal offender is found guilty or not).

Question 39

Give two reasons why indictable offences might be heard summarily

Answer 39

Quicker and cheaper than a regular trial;

Accused may receive a lesser punishment because the maximum punishment a magistrate can impose is limited to two years for a single offence and five years for multiple offences;

Question 40

Age of criminal responsibility

Answer 40

The required age of an offender for them to be able to be prosecuted for a criminal offence.