criminal law Flashcards
defendant
the person being accused of doing something wrong
verdict
the decision of a case
burden of proof
the person who needs to prove the case
standard of proof
how much proof needs to be provided to win the case.
offence
another word for crime
charge
when the police accuses someone of committing a crime
crown prosecution service
the group who decides if a charge should be brought
bail
being given freedom between the time you get charged and the trial
remand
staying in custody between the time you are charged and the trial
convicted
the verdict when found guilty
acquitted
the verdict when found not guilty
sentence
the punishment given after a conviction
magistrates
the three people who decide the verdict and the sentence in the magastrates court
jury
the 12 people who decide the verdict in the crown court
judge
the person who advises the jury and decides a sentence in the crown court
prosecution
the person providing the case against the defendant
victim
the person who was allegedly wronged
how its written
R v Defendant
purpose of criminal law
to keep order in society
person starting the case in criminal law
crown prosecution service
courts hearing cases in criminal law
depends how serious the crime is but magistrates court and crown court
what is the limit sentence a magistrates can give
1 year in jail then it goes to the crown court
who has the burden of proof in criminal law
the prosecution
what is the standard of proof in criminal law
the kind and amount of proof needed to show the defendant is guilty beyond reasonable doubt
what does beyond reasonable doubt mean
any doubt= cant be convicted
who decides the verdict in criminal law
magistrates in a magistrates court and judge/ jury in the crown court
what are the verdicts in criminal law
guilty= pass a sentence
not guilty= acquitted of charge
what are the powers of the court
can prosecute the defendant .
what is the rule of law
no one is above the law, it applies to all people equally
laws are made enforced and applied in a clear and fair way
what is parliamentary supremacy
parliament are the most e powerful law makers due to being elected democratically
therefor parliament can make laws as it wants and others can’t change the laws
judicial creativity
how much influence judges have over the law
little creativity and lots of creativity
separation of power
executive (government) tells what law to pass
legislative (parliament) passes laws
judiciary( judges) enforce laws
actus reus
what crime they are doing and what makes it the crime e.g actus reus of murder is killing another person
mens rea
what they are thinking when they are doing a crime e.g is it had intent and knowlage of wrong doing
AR what is automatism
an act committed during a state of unconsciousness or grossly impaired consciousness.
AR what is omissions
not acting / failing to act
AR whats the general rule of omissions
omissions generally cant be actus reus unless you have a duty to act e.g your a parent or on duty
AR what is contractual duty
when at work you have a duty to be safe
AR what is relationship duty
when your taking care of someone you have a relationship with e.g a mother and child
AR what is assuming responsibility voluntarily
when you volunteer to take care of someone you have a duty to make sure theyre alright.
AR what is public office duty
when a police officer has a duty to take care of society
AR whats creating a dangerous situation
when you make a dangerous situation you have a duty to take care of it
AR But for test
but for means without so but for someones actions would the consequence still happen
AR legal causation
operative and substantial cause test
was the conduct a significant cause of consequence
lookes at the chain of causation and any intervening act
AR when does an intervening act break the chain of command
when its unreasonable or unforeseeable
AR what are the three types of intervening acts
act of third party
act of victim
act of god
AR what does it mean if the intervening act is reasonable and foreseeable
it doesnt break the chain and D is convicted
AR what is an act of a third party
when there are other people involved than just the defendant and the victim
AR what is the word for when the third party is a medical person,,
unreasonable
unforeseeable and palpably wrong e.g obviously wrong
AR what is the act of the victim
if the victim reacts in an unreasonable way that causes them injury instead of the D
AR what are the acts of god
natural disasters e.g.
tornadoes
hurricanes
lightening
earthquakes
AR what is the thinskull rule
any charictaristic which makes the v more vulnerable e.g physical and psycological
MR what does mens rea mean
guilty mind
MR what are the two types of mens rea
intention
recklessness
MR what are the two sections in intention
direct or indirect
MR what does objective mean
what a reasonable person does
MR what does subjective mean
what the v did
