criminal law Flashcards

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1
Q

what is the states role in criminal law

A

prosecuting wrongdoers for committing an offence

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2
Q

the accused is

A

innocent until proven guilty

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3
Q

if the accused is faced with a serious charge

A

the case will be decided by a jury

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4
Q

lower level offences will be decided by

A

a judge or possibly a community magistrate

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5
Q

for the accused to be found guilty

A

-judge or jury must decide the accused committed the wrong
- BEYOND REASONABLE DOUBT

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6
Q

the juries role is to be the

A

-fact finder
- responsible for determining the relevant facts
-applying the law to reach a verdict of guilty or not guilty
-no sentencing

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7
Q

counsel for either side can be peremptorily

A

-challenge as proposed juror up to four times
- not required to give reasons
- ( largely based on stereotype)

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8
Q

11 members in agreement constitutes

A

a majority decision which is able to be a verdict

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