#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
What is the standard of proof ?
This is explained by the judge telling the jury that they should only convict if they are satisfied with the evidence and sure D committed the crime. This is higher for civil cases which only requires a Balance of probabilities
What are the rules of burden of proof
Innocent until proven guilty
And the burden of proof is on the prosecution
It applies to all criminal cases in any court which is a criminal trial
Guilt must be proved beyond reasonable doubt
What happened in woolmington v DPP
Man accidentally shot his wife after she left him ( he had the gun to kill himself) the judge placed the burden of proof on the defence
If a defence is raised what must happen
The prosecution must disprove at least one element of that defence
Which cases have a reverse burden
This is when the defendant pleads not guilty by reason of insanity
