Criminal law Flashcards
What is mens rea?
’ guilty mind’ it refers to the mental state or intention of a person when committing a crime
what is actus reus?
‘guilty act’ it refers to the actual action or behaviour that is considered a crime, for someone to be found guilty there must be proof they did something wrong.
what is the burden of proof?
it is up to the prosecution to prove the defendants guilt and they have to do it so theres no reasonable doubt
what is the standard of proof?
the level of certainty needed to prove something in a criminal case. its ‘beyond reasonable doubt’ meaning the evidence needs to be really strong.
who prosecutes cases in England and Wales?
The CPS- CROWN PROSECUTION SERVICE
what does omission mean?
failure to act when there is a duty to do so. e.g parent does not take necessary care for their child.
What is the legal defintion of theft
involves the unlawful taking of someones elses property with the intent to permanently deprive the owner of it.
What is the reverse burden?
burden of proof shifts from the prosecution to the defendant. happens when certain defenses or circumstances require the defendant to prove specific elements of their case, e.g self defense
What is causation?
figuring out if someones actions directly caused a harm or an event.
the prosecution must prove causation by proving the victim met their death as a result of the defendant.
what breaks the chain of causation?
the courts will sometimes treat a later voluntary act of a third party or a victim of breaking the chain of causation.
