criminal law Flashcards

1
Q

who must obey the law?

A

Everyone must obey the law, even the government. No one is above the law

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2
Q

what is criminal law?

A

criminal law is concerned with cases in which a person has committed offence against the well being of society.

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3
Q

what is a summary offence?

A

a les serious offence like public order and speeding.

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4
Q

armed robbery is an example of what type of criminal offence?

A

indictable offence. more serious crimes.

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5
Q

what is the person being prosecuted for a criminal offence in court called?

A

the defendant or the accused

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6
Q

what two elements are need to be proved to prove a person is guilty?

A

that the accused acted with a guilty mind or intention and committed the guilty act

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7
Q

indictable offences are?

A

more serious offences life left and murder that are heard before a judge and a jury

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8
Q

what are laws?

A

our basic rights and responsibilities

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9
Q

non-legal rules

A

apply to a group or organisation but not society as a whole. the members of the group have agreed to these rules and follow them without the force of law

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10
Q

legal rules

A

apply to all members of society and include criminal and civil law

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11
Q

the defendant or the accused

A

the person being prosecuted for a criminal offence in court

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12
Q

role of the prosecutor

A

to provide evidence to prove the accused was guilty by proving they had acted with a guilty mind or intention and that the accused committed the guilty act

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13
Q

nature of the action in criminal case

A

prosecute

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14
Q

standard proof required

A

beyond reasonable doubt

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15
Q

procedure used to bring people to court in a criminal case

A

police investigation

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16
Q

court procedure in criminal case

A

if the accused pleads guilty there will be a trial before and judge and a jury

17
Q

decision in criminal case

A

verdict guilty or not guilty

18
Q

outcome of criminal case

A

if found guilty a sanction is imposed

19
Q

parties involved

A

the prosecution and the accused/defendant

20
Q

possible sanctions

A

prison, fine, community service

21
Q

if the accused pleads not guilty they

A

are assumed innocent until proven guilty

22
Q

what are the 4 levels of court

A

magistrate, county, supreme and high court.

23
Q

magistrate deals with

A

less serious cases such as: drink driving, speeding and graffiti

24
Q

county court deals with

A

more serious cases. culpable driving, robbery

25
Q

supreme court

A

most serious cases. murder, manslaughter, attempted murder

26
Q

high court

A

deals with cases regarding the constitution

27
Q

jurisdiction meaning

A

a system of law courts