Definitions Test 2 Flashcards
What is strict liability
An offence where there is no need to prove any mental element of the crime for a person to be found guilty
What is the burden of proof
The responsibility of proving the facts of a case
What is the standard of proof
The strength of evidence or level of confidence required for the decision maker to reach a verdict
What is criminal law
The laws made by judges and parliament that aim to protect society from harm
What is actus reus
A Latin term that refers to the element of the crime where the accused person did an act or failed to do an act
What is mens rea
A Latin term that refers to the mental element of the crime
What is Doli Incapax
A principle that presumes that a child between the ages of 10-14 is incapable of forming mens rea
What is the presumption of innocence
A guarantee made to all accused persons that they are innocent until it is proven beyond reasonable doubt that they are guilty
What is beyond reasonable doubt
The standard of proof that the prosecution in a criminal trial has to attain for a guilty verdict
What is balance of probabilities
Reasonable satisfaction that the facts as presented are probably correct and occurred as stated
