Intro to Criminal Law Flashcards
What does criminal law refer to?
Refers to the body of law concerning crimes and their legal consequences
What are the two key elements of criminal law?
Procedural Law and Substantive Law
What is procedural law?
Governs the legal processes and rules by which the law is enforced (eg how trials are conducted)
What is substantive law?
Defines specific offences and their respective punishments
What is criminal law NOT?
Criminology (the study of crime, its causes and its effects), Law of evidence (the set of rules determining what evidence is admissible in court)
What is the difference between criminal law and criminology?
Criminology is the study of crime, its causes, and its effects, while criminal law deals with the legal consequences of crimes
What distinguishes criminal wrongs from civil wrongs?
Criminal wrongs involve violations against the state or society, while Civil wrongs (Torts) concern disputes between individuals seeking compensation
Who are the 8 key players in the criminal law process?
- The police
- The Crown Prosecution Service (CPS)
- Defendant or “D”
- Defence Counsel/ Team
- Jury (in crown court)
- Judge/ Magistrate
- Witnesses/ Experts
- Victim or “V”
Who are the Crown Prosecution Service (CPS)?
Represents the state (referred to Regina or “R” and prosecutes offenders
Who are the defence counsel?
Represents the defendant, ensuring their rights are protected
Who are the defendants in criminal law cases?
Adults, Children/Minors, Corporations and Public Bodies
Define the principle ‘presumption of Innocence’
Every defendant is considered innocent until proven guilty
What are the two elements of a crime required to prove someone guilty?
Actus Reus and Mens Rea
What is the concept of Burden of Proof?
- refer to prosecution’s role and defence’s role
- Prosecution’s role = must prove each element of the offence BEYOND REASONABLE DOUBT and demonstrate the absence of a defence.
- Defence’s Role = Must cast doubt on the prosecution’s case or provide some evidence supporting a defence (an evidential burden)
What is the principle of fair warning?
Statutes should be written in clear, understandable language so individuals know what is prohibited
- you CAN NOT punish someone unless it is clear to them that what they did was against the law and it is clear that their act is definitely punishable by the law
- Lord Bingham in Rimmington, quoting R v Clark (Mark) [2003]
What is the principle of fair labelling?
Offences should be labeled accurately to reflect the nature of the crime
What must criminal law strike a balance between?
Between respecting individual autonomy (the right to make personal choices) and promoting societal welfare
Formula for a crime to be established
Crime = AR + MR - D
What does the Macpherson report address?
The Macpherson Report highlights the urgent need for action to tackle racial disparities in policing
What historical context links racism to the British legal systems?
Historical links include the role of colonial planters as magistrates administering justice harshly against enslaved Africans
What are the historical roots of British policing?
British policing has colonial roots, developed to maintain order among populations and protect the interests of slavers
