Intro to CLE

Question 1

What is the standard of proof in the criminal law?

Answer 1

Proof BEYOND REASONABLE DOUBT.

Question 2

What is the harm principle?

Answer 2

• Philosopher John Stuart Mill.
• Focuses on the harm caused by criminal acts rather than the morality.
• Goes against the idea that the criminal law should be used to defend competent adults from their own free will.

Question 3

What does it mean if a case is prosecuted ‘on indictment’?

Answer 3

• For cases involving more serious charges.
• Before a jury in either the sheriff or High Court of Justiciary, under solemn procedure.

Question 4

What are strict liability offences?

Answer 4

Offences which do not require a mens rea.