ch 4- proving guilt

Question 1

criminal law

Answer 1

an area of law that defines behaviours and conduct that are prohibited (i.e. crimes) and outlines sanctions (i.e. penalties) for people who commit them

Question 2

crime

Answer 2

an act (i.e. undertaking an action) or omission (i.e. failing to undertake an action) that is against an existing law, harmful both to an individual and to society, and punishable by law (by the state)

Question 3

sanction

Answer 3

a penalty (e.g. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence

Question 4

victimless crime

Answer 4

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

Question 5

fine

Answer 5

a sanction that requires the offender to pay an amount of money to the state

Question 6

imprisonment

Answer 6

a sanction that involves removing the offender from society for a stated period of time and placing them in prison

Question 7

purposes of criminal law

Answer 7

protect individuals, protect property, protect society, protect justice

Question 8

protect individuals

Answer 8

establishes crimes and processes to deal with people who commit these crimes.
makes murder, theft, rape, arson and robberies crimes and are aimed at protecting individuals from these behaviours

Question 9

protect property

Answer 9

protect privately owned and public property- land and the environment and personal goods
its a crime to trespass or steal

Question 10

protect society

Answer 10

protect the community as a whole by setting standards and making it clear what behaviour is and isn’t tolerated by the community and legal system
maintain public order and safety

Question 11

protecting justice

Answer 11

promote justice by providing processes to deal with offenders and to enforce the law
prevents victims and relatives from taking the law into their own hands

Question 12

presumption of innocence

Answer 12

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

Question 13

what is the presumption of innocence protected by

Answer 13

international covenant on civil and political rights 1966- international treaty
charter of human rights and responsibilities act 2006- vic

Question 14

standard of proof

Answer 14

extent or degree to which a case must be proved in court

Question 15

prosecution

Answer 15

the party that institutes criminal proceedings against an accused on behalf of the state- prosecutor

Question 16

beyond reasonable doubt

Answer 16

standard of proof in all criminal cases- prove that there is no regular, reason to doubt that the accused committed the offence

Question 17

how is the presumption of innocence protected? bspbspla

Answer 17

burden of proof- prosecution must prove guilt
standard of proof must be met
police officers must have good reason to arrest
bail- and bail hearings
silence is a right- not taken as guilt
prior convictions withheld
legal representation
appeal is a right

Question 18

when does the presumption of innocence not occur?

Answer 18

a repeated terrorist doesn’t have the right to apply for bail and is immediately held in custody until their court hearing unless they can prove otherwise- reverses the burden of proof, and sometimes their presumption of innocence

Question 19

actus reus

Answer 19

guilty act- the physical element of the crime
to be found guilty, the accused must have physically done the crime

Question 20

mens rea

Answer 20

guilty mind- the mental element of the crime. to be found guilty the prosecution must prove their actions were voluntary and knowingly committed ( maliciously, recklessly, negligently and willfully).
state of mind at the time of offending

Question 21

what are the 2 elements of a crime that must exist at the same time

Answer 21

mens rea and actus reus

Question 22

strict liability

Answer 22

where culpability or responsibility for committing a crime can be established without needing to prove mens rea

Question 23

what must the prosecution prove for strict liability crimes

Answer 23

the prosecution is not required to prove that the accused had the intention to commit the crime
they must establish that they proved the wrongful action

Question 24

examples of strict liability crimes

Answer 24

most are summary offences- drink driving, fare evasion, failing to display p plates

Question 25

what can you argue in ones defence for strict liability crimes

Answer 25

reasonable or honest mistake of fact

Question 26

what is the age of criminal responsibility

Answer 26

minimum age a person must be to be charged with committing a crime

Question 27

under 10

Answer 27

cannot be charged with a crime

Question 28

10-13 years old

Answer 28

can be charged if the prosecution can prove that the child knew at the time of the crime their actions were wrong- must rebut doli incapax

Question 29

doli incapax

Answer 29

a Latin term meaning ‘incapable of evil’. refers to the principle in Victoria 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 30

what is doli incapax dependent on

Answer 30

age upbringing maturity past criminal history behaviour before during or after medical and psychological assessments can be undertaken to determine intellectual and moral capacity to understand their actions

Question 31

14 years and older

Answer 31

criminally liable for their actions

Question 32

has the age of criminal responsibility been increased

Answer 32

many want it to be raised from 10-14

Question 33

burden of proof- onus of proof

Answer 33

responsibility to prove the allegations in the case- generally held by the party who initiates the case or brings it to court- prosecution

Question 34

when can the burden of proof be reversed

Answer 34

when the accused has the responsibility of proving something in the case e.g. if drugs have been found on their property, the accused is assumed guilty unless they can prove the drugs weren't in their posession

Question 35

standard of proof

Answer 35

strength of the evidence needed to prove a legal case- must be beyond reasonable doubt

Question 36

what does reasonable doubt mean

Answer 36

sensible and realistic, not imaginary or fanciful or an unrealistic possibility

Question 37

what does it mean to classify a crime by social purpose or nature

Answer 37

it is according to whether involved in a crime against a person, property, wellbeing of society, or even the criminal justice system itself

Question 38

division a

Answer 38

crimes against the person- homicide, assault, sexual offences

Question 39

division b

Answer 39

property and deception offences- arson, property damage, burglary, deception, bribery

Question 40

division c

Answer 40

drug offences- dealing, trafficking, manufacturing, drug use and possesssion

Question 41

division d

Answer 41

public order and security offences- weapons and explosive offences, terrorism, disorderly and offensive conduct

Question 42

division e

Answer 42

justice procedures offences- perjury and contempt of court

Question 43

division f

Answer 43

other offences- regulatory driving offences, transport regulation offences

Question 44

cybercrime

Answer 44

criminal offences using computes or other electronic systems and devices- hacking, creating malware, online fraud

Question 45

prejudice motivated crimes

Answer 45

intolerance, bias and discrimination towards another group based on a personal characteristic ( race, religion, sex, age) can increase feelings of insecurity and fear

Question 46

organised crime

Answer 46

undertaken in a planned and ongoing manner by organised syndicates or gangs often drug manufacturing, illegal sale of firearms, prostitution

Question 47

juvenile crime

Answer 47

undertaken by people between 10-18 years fare evasion, assault, property damage

Question 48

white collar crime

Answer 48

criminal offences undertaken by corporate people who are often well paid and hold trusted positions of employment and use it to gain financial advantage theft, fraud, tax evasion and investment scams

Question 49

indictable offences

Answer 49

serious crimes generally heard and determined in the higher courts (i.e. the County Court and Supreme Court) before a judge and jury the final hearing is called a trial

Question 50

summary offences

Answer 50

minor crimes heard and determined in the Magistrates’ Court by a magistrate. the final hearing is known as a hearing and the magistrate will determine verdict

Question 51

indictable offences heard summarily

Answer 51

serious crimes that may be heard summarily, where the magistrates court will determine the verdict punishable by less than 10 years imprisonment or 1200 penalty units and must be consented to by the accused

Question 52

principal offender

Answer 52

commits an offence and has carried out the actus reus- the act or omission that constitutes to a crime intentionally assist, encourage or direct another person to commit a crime knowing it may result make an agreement with another person to commit a crime together knowing it may ensue

Question 53

accessory

Answer 53

without lawful excuse assists a principal offender AFTER a crime has been committed- prevent them from being arrested, prosecuted, convicted or punished To be an accessory, a person must believe or know that the offender has committed a serious indictable offence can be found guilty regardless of the principal offender