criminal law rev

Question 1

what is criminal law

Answer 1

set of laws that aims to protect people and society as a whole, from actions that are harmful

Question 2

Purpose of criminal law

Answer 2

deal with offences against the state and aims to punish the criminal

Question 3

elements of crime

Answer 3

actus reus - the law was broken
Mens rea - The accussed knew what they were doing when the law was broken

Question 4

Summary

Answer 4

minor crimes heard by a magistrate eg traffic offences

Question 5

Indictable

Answer 5

More serious crimes trialed by a judge or a jury, generally more murder or murder related cases. Eg arson Murder

Question 6

parties to a dispute

Answer 6

Prosecution and the defednant

Question 7

define adversary system

Answer 7

2 parties battling to win the case each acting as the adversary of the other

Question 8

Identify the 5 features of the adversary system

Answer 8

role of parties
role of the judge
standard and burden of proof
the need for legal representation
the need for rules of evidence and procedure

Question 9

standard of proof

Answer 9

refers to the level of proof required to successfully prove a case

Question 10

burden of proof

Answer 10

refers to the responsilbity of sustaining a case

Question 11

hearsay evidence

Answer 11

evidence must be given first hand . A wtiness must only repeat in court what they know or heard directly, not what a third person told them

Question 12

opinion evidence

Answer 12

can only be given if a witness is recognised by court as an expert. eg docotor

Question 13

strengths of the adversary system

Answer 13

both parties have an equal opurtunity to present their cases
INnoncent until proven guilty

Question 14

weakness of the adversary system

Answer 14

Delays
Important evidence may not be heard
Legal represnetation may be expensive

Question 15

what is a jury

Answer 15

A group of random people selected to hear facts of a case and determmine whetehr the defenedant is guilty or not guilty

Question 16

identify when a jury is used

Answer 16

In a criminal case where an indictable offence has occured and the defedant has pleaded not guilty

Question 17

who and where is the jury name ontaind from

Answer 17

people over the age of 18 who are on the electroll who are available and elgible

Question 18

identify groups of pple who dont have to partake in the jury

Answer 18

People over hte age 70, people who are disqualified, People who are inelegible and oeople who are excused for good reason

Question 19

what is a challenge

Answer 19

the prosecution and defendant have the right to challenge or stand aside jurors without a cause. The defendant can onnly make 3 premtpory challenges and the prosecution can ask 3 potential jurors to stand asde

Question 20

what is a sanction

Answer 20

Of a person is found guilty the court will impose a sanction. Sanctions include , IMprinsonment, fines , community correction orders

Question 21

aims of punishments

Answer 21

punish wrongdoers, rehabilitate criminals, protect society from criminals and defer both the defendant and others from comitting crimes