Chapter 1: Introduction Flashcards
What is the definition of crime
Legal wrong followed by criminal proceedings and resulting in sanction (different crimes will have different elements)
What are the 2 elements that constitute a crime
Actus Reus (Guilty Act)
accompanied by
Mens Rea (Guilty Mind)
What are the ingredients of a crime
Crime = Actus Reus (1) + Mens Rea (2) - Absence of any defence
What are the 4 categories of evidence
- Tangible evidence
- Real evidence
- Oral Evidence
- Expert Evidence
What is the process of a criminal proceeding
- Offence commited
- Brought to police station
- Interrogation
- Crown prosecution service
- Prosecutor charge defedant with an offence
- trial
What are the continuing proceedings after a trial is held
- Trial (can be straight aqquited)
- Convicted (can go straight to appeal)
- Sentencing
- Appeal (by conviction, sentence, or both)
- Acquitted
What is the burden of proof
Lies on the prosecution to prove the guilt of the prisoner beyond reasonable doubt
What must the prosecution do to prove the defendant guilty
- Actus reus & mens rea
- But to also disprove the defence beyond reasonable doubt
What is the presumption by courts when a case is being trialed
The accused/defendant is always perceived innocent until proven guilty (so never say that the defendant has to prove anything) - Woolminton v DPP
What are the 2 exceptions to the burden of proof
- Defence of insanity
- Statutory exception
What does it mean to prove someone beyond reasonable doubt
Prosecution must prove beyond a reasonable doubt that all the elements of the offence (must be 100% sure, unlike civil law)
What happens in Article 6 of the European Convention on Human Rights
All individuals have the right to a fair trial
What are the 2 types of burden
- Evidencial burden (easier)
* Defendant is to provide evidence that there is a doubt in the prosecution’s case - Legal burden (harder)
* The defendant is to satisfy the court on the balance of probalitities (51%) on the issues that are subject of the reverse burden
What is the role of the court in criminal law
- To review the choice made by Parliament as to what should be the constituent elements of the criminal offence
- The court should only differ from the legislature (statute) where the legislature has attached inssuficient importance to the right of an individual to be preseumed innocent until proven guilty
What is an arrestable and non-arrestable offence
Arrestable offence
* Where the arrest may be made without an arrest warrant (serious offences)
* Straight imprisonment
Non-arrestable offence
* Arrest can only be made with an arrest warrant (minor offences)
* Warrant goes through process of interrogation