Intro to Criminal Law Content (B)

Question 1

List 4 examples of Non Cognisable offences

Answer 1

1. ) Threatening to injure a person in the public service.
2. ) Contempt of Court
3. ) Neglecting to provide for children
4. ) Common assult

Question 2

List 5 characteristics of an arrest warrant.

Answer 2

1.) issued by a Judge/ magistrate
2.) state the name of the offence + person who’s commited it.
3.) Must have instuctions to apprehend the person who has commited the offence.
4 Must have instuctions to bring the accused to the court which issued the warrant / a court of competent jurisdiction in order to anwer to charges.
5.) a warrant remains in force until it is executed or cancelled by the court which issued it.

Question 3

What is a felony

Answer 3

A very serious offence

Question 4

Whats a misdeamenor

Answer 4

a less serious offence

Question 5

What is meant by conduct crime?

Answer 5

The offence comes from engaging in prohibited conduct.

Question 6

What is meant by result crime?

Answer 6

An offence which requires a specific outcome to occur in order for it to stand.

Question 7

What is meant by legal burdern of proof?

Answer 7

He who alleges must discharge their burden of proof before a court of law.

Question 8

What is the burden of proof in criminal matters?

Answer 8

The legal burden of proof in criminal matters rests on the prosecution, to prove that the defendant commited the offence.

Question 9

what is the evidential burden of proof.

Answer 9

It refers to evidence brought to convince the court from both parties.

Question 10

What is the evidential burden of proof in criminal cases.

Answer 10

The prosecution must bring evidence to secure a conviction

The defendant must bring evidence to raise a defence.

Question 11

What is meant by standard of proof.

Answer 11

It is the amount of evidence required to prove an assertion.

Question 12

What is the standard of proof in criminal cases.

Answer 12

The Prosecution must prove their case beyond a reasonable doubt. This means they must convice the court it was highly likely that the accused person commited the offence.

The defendant must prove their case on a balance of probability.
This means that once they have been found with a case to answer, they must convince the court that it was highly unlikely that the accused commited the offence.

Question 13

What is the criminal justice system.

Answer 13

A system that consists of a group of agencies that are estaished by the government to:

i) detect crime
ii) control crime
iii) punish people that engage in criminal activity.

Question 14

List 5 key compnents of the criminal justice system.

Answer 14

1. ) Law Enforcement Agencies
2. ) The prosecution
3. ) The Courts of Law
4. ) Correctional facilities
5. ) Welfare Remidial Services

Question 15

Denote the composition and function of Law enforcement agencies

Answer 15

Composition: Police
Function:
i) prevent crime by detecting it.
ii) control crime by making arrests