criminal law Flashcards
what is the states role in criminal law
prosecuting wrongdoers for committing an offence
the accused is
innocent until proven guilty
if the accused is faced with a serious charge
the case will be decided by a jury
lower level offences will be decided by
a judge or possibly a community magistrate
for the accused to be found guilty
-judge or jury must decide the accused committed the wrong
- BEYOND REASONABLE DOUBT
the juries role is to be the
-fact finder
- responsible for determining the relevant facts
-applying the law to reach a verdict of guilty or not guilty
-no sentencing
counsel for either side can be peremptorily
-challenge as proposed juror up to four times
- not required to give reasons
- ( largely based on stereotype)
11 members in agreement constitutes
a majority decision which is able to be a verdict