Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law > Elements To Criminal Law > Flashcards

Elements To Criminal Law Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What is an actus reus?

A

A voluntary guilty act which refers to the physical parts of a crime.

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

What is omissions?

A

This is where the law gives a person a legal duty to act but then they fail to do so.

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

What was the outcome of the pitwood case?

A

The defendant was under contractual duty to act and failed to do so.

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

What was the outcome of gibbons and proctor?

A

Since they had a special relationship they had been found guilty. As well as the fact they voluntarily decided to take care of the baby.

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

What was the outcome of miller?

A

He had created a dangerous situation so he was found guilty.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the two types of causation?

A

Factual and legal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the “But for” test?

A

It questions if the defendant hadn’t done the action, would the result happen either way?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the key case for the “but for” test?

A

White

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is legal causation?

A

It’s the focus on how much of a contribution the defendant had made. The defendant would have to make a significant one.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What was the outcome of the kimsey case?

A

“More than a slight or trifling link but they do not have to be the main cause or had caused a significant contribution”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is an intervening act?

A

If the chain is broken, the defendant will no longer be liable.

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

What was the outcome of Roberts (victim’s own actions)?

A

As long as the victims actions is reasonable and foreseeable, the chain will not be broken.

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

What was the outcome of cheshire (bad medical treatment)?

A

If the original injuries inflicted by the defendant are still a substantial cause of the result, the chain wont be broken.

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

What was the outcome of blaue (Thin skull rule)?

A

If the victim suffers from a vulnerability, the defendant must then take their victim as they find them. The chain will not be broken.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What was the outcome of pagett (Acts of a 3rd party)

A

As long as the defendant has made a contribution to the result, the chain will not be broken.

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

What was the outcome of Holland (victim refusing medical treatment)?

A

The victim is under no legal obligation to seek medical help. The chain won’t be broken.

17
Q

What was the outcome of malcherick and steele (Doctors switching off life support)?

A

The chain won’t be broken.

18
Q

What are the two types of mens rea?

A

Intention and recklessness

19
Q

What are the two types of intention?

A

Direct and indirect

20
Q

What does direct intention mean?

A

This is where it is obvious that the defendant intended the outcome.

21
Q

What was the result of Mohan?

A

It’s if it’s the defendants aim, purpose and desire to bring about the result.

22
Q

What is indirect intention?

A

This is where it’s not obvious to what the defendant wanted.

23
Q

What was established with the woolin case?

A

The virtual certainty test

24
Q

What are the questions in the virtual certainty test?

A
  1. Was the death or serious injury a virtual certainty? (Objective)
  2. Did the defendant realise this? (Subjective)
25
Q

What is recklessness?

A

This is where the defendant sees an unjustified risk but takes it anyway.

26
Q

What were the two example cases in recklessness?

A

Cunningham and RVG and R

27
Q

What is Transferred malice

A

Where the malice is transferred from the intended victim to the actual one.

28
Q

What was the case for transferred malice?

A

Latimer

29
Q

Can malice be transferred between person to object?

A

No

30
Q

What was the case that established that malice can only be transferred from person to person or object to object?

A

Pembilton

31
Q

What is the coincidence rule?

A

When the actus rea and mens rea are a continuing act and as long as they occur “at some point”, the crime will be completed

32
Q

What were the two cases for the coincidence rule?

A

RvChruch and Fagan

33
Q

What is strict liability?

A

This doesn’t require a mens rea and the defendant will be guilty for the crime as long as they committed the actus rea.

34
Q

Will strict liability be used if the defendant is truly a criminal?

A

No

35
Q

What are the advantages of strict liability?

A
  • Protects the public
  • easier to prosecute the defendant
  • forces businesses to raise their standards
36
Q

What are the disadvantage of strict liability?

A
  • Unfair on the defender as they don’t have any mens rea
  • No evidence it raised standards
  • A conviction would ruin the defendant’s career

Law (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions