criminal law Flashcards
who must obey the law?
Everyone must obey the law, even the government. No one is above the law
what is criminal law?
criminal law is concerned with cases in which a person has committed offence against the well being of society.
what is a summary offence?
a les serious offence like public order and speeding.
armed robbery is an example of what type of criminal offence?
indictable offence. more serious crimes.
what is the person being prosecuted for a criminal offence in court called?
the defendant or the accused
what two elements are need to be proved to prove a person is guilty?
that the accused acted with a guilty mind or intention and committed the guilty act
indictable offences are?
more serious offences life left and murder that are heard before a judge and a jury
what are laws?
our basic rights and responsibilities
non-legal rules
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
legal rules
apply to all members of society and include criminal and civil law
the defendant or the accused
the person being prosecuted for a criminal offence in court
role of the prosecutor
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
nature of the action in criminal case
prosecute
standard proof required
beyond reasonable doubt
procedure used to bring people to court in a criminal case
police investigation
court procedure in criminal case
if the accused pleads guilty there will be a trial before and judge and a jury
decision in criminal case
verdict guilty or not guilty
outcome of criminal case
if found guilty a sanction is imposed
parties involved
the prosecution and the accused/defendant
possible sanctions
prison, fine, community service
if the accused pleads not guilty they
are assumed innocent until proven guilty
what are the 4 levels of court
magistrate, county, supreme and high court.
magistrate deals with
less serious cases such as: drink driving, speeding and graffiti
county court deals with
more serious cases. culpable driving, robbery
supreme court
most serious cases. murder, manslaughter, attempted murder
high court
deals with cases regarding the constitution
jurisdiction meaning
a system of law courts
