Criminal Investigation Process (Wk5-8) (U1) Flashcards
The onus of proof rests on the…?
Prosecution
Define Actus reus?
- The physical act of committing a crime. (e.g. manslaughter)
Define mens rea?
- The mental act of committing the crime, intention to cause harm to somebody. (e.g. murder, armed robbery)
What are the three functions of the Queensland parliament?
1- To make laws
2- Represent the people
3- Provide a forum for debate
Define onus of proof?
The responsibility of proving a disputed charge or allegation.
Define standard of proof in a criminal proceeding?
The court is not to find the case of the prosecution proved unless it is satisfied it has been proved beyond reasonable doubt.
Define jury?
A body of persons sworn to judge and give a verdict on a given court matter.
Who is common law made by?
Made by courts
Who is statute law made by?
Made by parliaments
How many people are on most criminal juries?
12
What are the basic elements of criminal law?
- Presumption of innocence
- Onus and standard of proof
- Sources of Queensland criminal law
What are rights of citizens and the powers of the police?
- The power of arrest, detention, search and seizure
- The right to silence
- Watch-house and bail procedures
What is criminal conduct?
Criminal conduct means conduct that breaks a law where a criminal penalty can apply. Sometimes a certain action (or failure to act) can be both a crime and trigger rights to civil damages or compensation as well.
What is Locard’s Principle?
LP holds that the perpetrator of a crime will bring something into the crime scene, and leave with something from it.
How is DNA used as evidence?
- Everyones DNA is different
- DNA can link a suspect to the crime, or eliminate them.
