Introduction

Question 1

Verdict

Answer 1

guilty or not guilty

Question 2

R

Answer 2

Rex (for King)

Question 3

Acquitted

Answer 3

Defendant who is not guilty

Question 4

Harms

Answer 4

Relatively objective - can be measured or quantified.

Question 5

burden of proof

Answer 5

beyond a reasonable doubt on the prosecution

Question 6

Burden on D

Answer 6

Balance of probability to prove innocence

Question 7

crimes defined by common law

Answer 7

common assault, murder, duress, insanity, necessity.

Question 8

where do all trials start?

Answer 8

Magistrates Court

Question 9

Where are summary offences triable?

Answer 9

Magistrates court - minor offences, £5,000 maximum fine, without a jury.

Question 10

either way offences

Answer 10

magistrates or crown court - medium seriousness, can be sent to crown court for a higher sentence, with or without a jury.

Question 11

indictable offences

Answer 11

crown court but start in magistrates - unlimited sentence, with a jury, most serious offences.

Question 12

two elements of a crime

Answer 12

Mens rea and Actus reus

Question 13

actus reus - guilty act

Answer 13

description of the specific, physical act that constitutes the offence.

Question 14

mens rea - guilty mind

Answer 14

description of the mental state that is required for D to be guilty of the offence.

Question 15

internal structure of an offence

Answer 15

actus reus, mens rea, lack of defences

Question 16

principles of criminal law

Answer 16

fair warning, fair labelling, autonomy, welfare

Question 17

principle of fair warning

Answer 17

crimes must be communicate publicly

Question 18

principle of fair labelling

Answer 18

correlation between the offence name and conduct it criminalises

Question 19

principle of autonomy

Answer 19

choice, voluntariness, and blame; minimal criminalisation

Question 20

principle of welfare

Answer 20

criminal law should protect society from harm.