Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Criminal Law workshop 1 > Criminal Law workshop 1 > Flashcards

Criminal Law workshop 1 Flashcards

1
Q

What is a crime?

A
  • behaviour which is recognised as deserving of punishment
  • a public wrongdoing deserving of punishment
  • something which is committed against society
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the reasons for criminalising behaviour?

A
  • incapacitation
  • rehabilitation
  • deterrence
  • other punishment
  • protection
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the two approaches to criminalising behaviour?

A
  • moralist approach

- utilitarian approach

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the moralist approach to criminalising behaviour?

A
  • seeks to criminalise behaviour which is regarded as immoral, EVEN IF no harm has been done
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the utilitarian approach to criminalising behaviour?

A
  • seeks to criminalise behaviour which is BOTH morally blameworthy and causes harm
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the rule of law

A
  • there can be no criminal liability unless the conduct is prescribed by the law (conduct is part of a criminal offence)
  • there can be no criminal liability unless the offender is convicted following a proper trial
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the classification for criminal offences?

A
  • summary only offences
  • either-way offences
  • indictable only offences
  • all offences start in the magistrates
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Summary offence

A
  • can only be tried in magistrates
  • less serious crimes
  • minor assault
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Either -way offence

A
  • can be tried by magistrates or crown
  • middle range of offences
  • theft, burglary, dangerous driving
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Indictable only offence

A
  • only tried in the crown
  • most serious crimes
  • murder, rape
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Difference between crown and magistrates

A
  • magistrates judge decides points of law and fact

- crown judge decides the point of law, jury decides the point of fact and decides if guilty or not guilty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

How is it decided whether a case will be tried in the magistrates or crown?

A
  • magistrates have to consider its sentencing powers

- if they think the conviction deserved is outside of their sentencing powers, they will refer the case to the crown

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Who has the burden of proving a criminal offence

A

the PROSECUTION

- duty of the prosecution to prove the prisoner’s guilt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Is there a burden of proof on the defence?

A
  • there are some situations where the defendant has to prove a defence
  • called evidential burden
  • includes self-defence and insanity
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the standard of proof for the prosecution

A

beyond reasonable doubt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the standard of proof for the defence

A

on a balance of probabilities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Criminal Appeals - appeal against a conviction by the jury

A

if the court of appeal decides there was an error of law made by the judge, the conviction is quahsed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Criminal Appeals - dismissed appeal?

A

COA can decide the conviction is safe

19
Q

Criminal Appeals - if conviction is quashed?

A

there is a general power to retrial

20
Q

Criminal Appeals - Crown cannot appeal against a not guilty verdict by jury

A

Attorney general can make a reference to the court of appeal to settle a point of law for the future

21
Q

What is the Criminal Cases Review Commission

A
  • took over the role from the home secretary

- enquire into and possibly refer cases back to the court of appeal once the defendant has exhausted all normal avenues

22
Q

What are the key components of a criminal offence?

A

actus reus - guilty conduct

mens rea - guilty mind

23
Q

What are the different aspects to actus reus

A

INVOLVES DEFENDANT TAKING POSITIVE ACTION

  • conduct
  • consequence
  • circumstance
24
Q

What is an omission?

A

failiure to act

25
can you commit a crime for failing to act?
yes if you meet one of the 4 special circumstances?
26
What are the four situations where there can be criminal liability for omission?
- special relationship - breach of a contractual duty - breach of statutory duty - dangerous situations
27
What are conduct crimes
defendant has to behave in a certain way AND certain circumstances have to exist e.g. rape
28
What are result crimes?
defendant has to behave in a certain way AND there has to be a certain consequence
29
Differences between the breach of statutory duty and other duties e.g. contractual
breach of statutory duty - punished for the omission itself e.g. failing to stop at a traffic light breach of other duties - punished for the consequence of the omission
30
Actus Reus - voluntary behaviour
conduct of the defendant must be voluntary for it to meet the requirement of actus reus
31
Mens Rea
Guilty mind - intention : desire, purpose, goal - recklessness
32
Direct intent
where there is a direct attack, the issue of intention is clear
33
defence of automatism
a situation where defendant is blameless because their conduct was not voluntary
34
Indirect / oblique intent
spin-off or side effect of the defendant's main purpose
35
What are the conditions to be met for indirect intent
- was the consequence virtually certain to occur? - if so, did the defendant himself foresee the consequence as virtually certain to occur? - what a reasonable person would have foreseen is a good indication in deciding what the defendant did foresee
36
what is ulterior intent
prosecution has to prove an extra element of mens rea - defendant intended to cause a consequence that went beyond the actus reus of a crime
37
what is basic intent
either recklessness OR intention will suffice as mens rea
38
what is specific intent
ONLY mens rea that will suffice is intention
39
how is recklessness defined
AKA subjective recklessness, Cunningham recklessness - whether defendant foresaw a risk - still took the risk - the risk was unjustified
40
what is transferred malice
if a defendant has the 'malice' - mens rea - to commit a crime against any person, this malice transfers to any unintended victim
41
what is the condition for transferred malice
only works if the actus reus actually committed is the same type of crime as teh defendant originally had in mind
42
what is negligence
'carelessness' - fail to meet the standards of a reasonable person
43
what are strict liability offences?
defendant can be convicted of criminal offence without having mens rea/negligence
44
general principles in crime
coincidence of mens rea and actus reus - actus reus and mens rea should coincide in time ignorance of law - claiming you were unaware something was illegal is never an acceptable defence mistake of fact - means defendant lacked knowledge required for mens rea

Criminal Law workshop 1 (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions