criminal law rev Flashcards
what is criminal law
set of laws that aims to protect people and society as a whole, from actions that are harmful
Purpose of criminal law
deal with offences against the state and aims to punish the criminal
elements of crime
actus reus - the law was broken
Mens rea - The accussed knew what they were doing when the law was broken
Summary
minor crimes heard by a magistrate eg traffic offences
Indictable
More serious crimes trialed by a judge or a jury, generally more murder or murder related cases. Eg arson Murder
parties to a dispute
Prosecution and the defednant
define adversary system
2 parties battling to win the case each acting as the adversary of the other
Identify the 5 features of the adversary system
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
standard of proof
refers to the level of proof required to successfully prove a case
burden of proof
refers to the responsilbity of sustaining a case
hearsay evidence
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
opinion evidence
can only be given if a witness is recognised by court as an expert. eg docotor
strengths of the adversary system
both parties have an equal opurtunity to present their cases
INnoncent until proven guilty
weakness of the adversary system
Delays
Important evidence may not be heard
Legal represnetation may be expensive
what is a jury
A group of random people selected to hear facts of a case and determmine whetehr the defenedant is guilty or not guilty
identify when a jury is used
In a criminal case where an indictable offence has occured and the defedant has pleaded not guilty
who and where is the jury name ontaind from
people over the age of 18 who are on the electroll who are available and elgible
identify groups of pple who dont have to partake in the jury
People over hte age 70, people who are disqualified, People who are inelegible and oeople who are excused for good reason
what is a challenge
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
what is a sanction
Of a person is found guilty the court will impose a sanction. Sanctions include , IMprinsonment, fines , community correction orders
aims of punishments
punish wrongdoers, rehabilitate criminals, protect society from criminals and defer both the defendant and others from comitting crimes
