#Exam 1(2)- Rules of criminal law Flashcards
What is a crime ?
A conduct which is forbidden by the state and has a punishment
One way in which crime can change over time can be seen in which act
The homosexual act of 1967 which legalised same sex relationships
New laws have had to be made to protect people from certain technologies, these include
Crimes on computers and the internet such as things to protect people from viewing pornography as well as driving offences such as driving under the influence
What influences whether something is a crime
Whether the conduct is considered wrongful and whether it is necessary to condemn or prevent such conduct
What are the main purposes of justice
Retribution - punishment Deterrence Reform Protection of the public Reparation
What is the states involvement in criminal offences
Criminal law is brought about by the state as well as the fact the majority of criminal prosecutions are conducted by the CPS ( crown Prosecution Service)
Can judges create laws
Yes through case law, this can make certain things illegal
What happened in shaw v DPP
The defendant published the addresses names and photographs and prostitutes. The judge charged him with conspiracy to corrupt public morals
Why was RVR influential
It was the case which made marital rape an offence
What are the two two elements which must be proved
Actus Reus And men’s rea
What does actus Reus mean
The guilty act or omission of an act
What does men’s rea mean
The guilty kind or mental element of a crime
Must actus Reus and men’s rea be present at the same time
Yes
What is the exception of men’s rea
Strict liability
What can lead to a not guilty verdict
If the D has a defence
