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legal studies > criminal law > Flashcards

criminal law Flashcards

1
Q

characteristics of law

A

Laws must be acceptable to the community eg. Anti- Bikie laws

  1. Laws must be consistent eg. Stability to ensure people have confidence in the law
  2. Laws must be easily understood and not too much legal jargon eg. Lawstuff –
  3. Laws must be up to date with changes in society eg Same Sex Marriage Act; and
  4. Laws must be communicated to people to ensure they are informed and aware eg. M1 speed limit change for the Commonwealth Games
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2
Q

sources of law

A
  1. Common Law (case law) which is law made by courts using precedent set by judge rulings in previous Supreme, High and Federal court cases. It is used when no appropriate Statute law exists; and
  2. Statute Law (legislation) law made by an Act of Parliament generally as a result of a catalyst eg. Port Arthur massacre and guns law,
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3
Q

levels of government

A

Federal government-make laws that affect whole country ie: tax
State government-make laws that affect a particular state ie: education
Local government: make laws that affect suburbs ie: pet registration

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4
Q

Criminal law and its aim

A

an area of law that protects the community by establishing and defining what crimes are

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5
Q

Civil law

A

Civil law deals with disputes between individuals= non-criminal matters
rights have breached-seeking compensation

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6
Q

criminal responsibility

A

is the legal age you can be charged with a crime, in australia this 10 years and above

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7
Q

Elements of a crime

A

Actus reus-a physical act

Mens reas-mental act

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8
Q

define crime

A

= is an act or an omission that:

  • breaks an existing law
  • is harmful to an individual / society as a whole
  • is punishable by law
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9
Q

types of mens reas

A

Recklessness
Negligence
Intent

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10
Q

Categories of a crime

A

Indictable offences-serious crimes

Summary offences-less serious crimes

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11
Q

Define Burden of proof

A

In criminal proceedings the burden of proof is on the prosecution to proove the accused is guilty

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12
Q

Presumption of innocence

A

In criminal proceedings the accused is presumed innocent until proven guilty

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13
Q

Standard of proof in criminal trials

A

In criminal trials the prosecution must prove the alleged offender is guilty beyond reasonable doubt

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14
Q

Standard of proof in civil trials

A

The outcome of civil disputes being “more probable than not”

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15
Q

Strict liability crimes

A

Intention does not have to be proven ie: running a red light

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16
Q

Burden of proof

A

In criminal proceedings the prosecution has the burden of proving that the accused is guilty

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17
Q

elements of murder

A

For a person to be found guilty of murder the prosecution must prove these 6 elements

  1. The killing was unlawful ie: not a police officer or acting in self-defence
  2. The victim was a human being
  3. The accused is over the age of 10 (criminal responsibility
  4. the accused caused the victims death (without x’s actions b could still be alive)
  5. the accused was of sound mind (new what they were doing)
  6. there was malice aforethought
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18
Q

define malice aforethought

A

the conscious intent to cause great bodily harm or death to a person before the crime is committed (premeditated)

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19
Q

define voluntary manslaughter

A

intentional in the moment to kill that is accompanied by mitigating factors (provocation/lack of premeditation), knew their actions would result in harm

20
Q

define involuntary manslaughter

A

no intention to kill but harm and death occurred

21
Q

standard of proof

A

In criminal proceedings the prosecution must prove that the alleged offender is guilty of a crime beyond reasonable doubt

22
Q

strict liability crime

A

Strict liability = intention or a guilty mind does not have to be proven only actus reus
eg: running a red light

23
Q

types of culpable driving

A
  1. a person drives a motor vehicle negligently (failure to take proper care)
  2. recklessly (disregarding risk)
  3. while under the influence of drugs or alcohol and causes the death of anotherperson.
24
Q

elements of culpable driving

A

the accused wasthe driverof a motor vehicle (substantial control over themovement of a motor vehicle.)
the accused wasthe one to blame for a person’s death while drivingthe motorvehicle = they were driving culpably.

25
Q

types of culpable driving

A

Driving recklessly
Driving negligently
Driving under the influence of alcohol or a drug

26
Q

define assault

A

Assault is theunlawful interferencewith body of another person through theintentional application of force or threat of force.

27
Q

indirect assault

A

Apply force with an object

28
Q

direct assault

A

Actuallyhit someone

29
Q

illustrate task word

A

use examples to illustrate

30
Q

explain

A

provide detail to the reader

31
Q

legal defences

A

mental impairment-did not know their conduct was wrong
duress-the persons conduct was a reasonable response to threat
self defence- their actions were reasonable in the circumstances as the person perceived
them.

32
Q

Describe task word

A

give detailed account

33
Q

distinguish task word

A

make clear the differences between two concepts

34
Q

compare task word

A

give similarities and differences between two or more concepts

35
Q

discuss task word

A

give a reasoned argument before and against a particular issue (advantages and disadvantages)

36
Q

evaluate task word

A

strengths and weaknesses and conclusion

37
Q

justify task word

A

give valid reasons

38
Q

summary offence

A

less serious crime-not heard in front of a judge or jury eg: magistrates court

39
Q

indictable offence

A

more serious and complex crime

40
Q

define theft

A

the action of dishonestly taking a perosns property with the intention to keep it

41
Q

define robbery

A

a perosn uses force or puts another person infesr of physical force before or during stealing goods

42
Q

define burglary

A

unauthorised entry into a building with the intent to steal or commit assault when entering the building

43
Q

aims of sanctions

A
  1. deter
  2. denounce
  3. punish
  4. protect
  5. rehabilitatrre
44
Q

elements of manslaughter

A

mens rea and actus rea
age of criminal responsibility
give valid reasons to why it is voluntary or involuntary

45
Q

types of involuntary manslaughter

A

the accused intentionally inflicted harm
the death was caused through criminal negligence
caused the death while committing an unlawful, dangerous act

legal studies (3 decks)

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