Criminal Law - 2.1 Rules and theory Flashcards
1
Q
what is Actus reus? (AR)
A
- a guilty act or omission
2
Q
what is Men’s rea? (MR)
A
- Guilty mind.
3
Q
what is burden of proof?
A
- D is innocent until proven guilty. It is prosecutions responsibility to give evidence in court that D has both AR and MR.
4
Q
what is standard of proof?
A
- Prosecution must provide evidence of D guilt “beyond reasonable doubt”.
- higher standard then civil law, persons liberty is at stake.
5
Q
what is the aims and purpose of criminal law?
A
- is identify, prohibit and prevent behaviour which is threatening, harmful or endanger a life,property, health safety. and is the protection of society through function.
6
Q
what is a crime?
A
- forbidden by the state and there is a punishment for it.
