Introduction To Criminal Law, Nature Of Law And Rules Of Criminal Law

Question 1

3 types of rules

Answer 1

1. Moral rules
2. Legal rules
3. Rules for specific circumstance e.g. sports

Question 2

3 places laws come from

Answer 2

1. Custom
2. Common law
3. Statute law/legislation

Question 3

Why are rules generally obeyed?

Answer 3

A sense of moral obligation
Risk of social ostracism
Because the rules are reasonable and relevant
Because a penalty will be imposed for breaking them

Question 4

What does criminal law deal with?

Answer 4

Types of behaviour which are forbidden at risk of punishment, e.g. murder theft burglary ABH etc

Question 5

Who are criminal crimes usually prosecuted by?

Answer 5

The state

Question 6

How are criminal cases often referred or written as?

Answer 6

R v [D’s name]

Question 7

If the state fails to prosecute who may bring a prosecution?

Answer 7

Individual victim (very rare)
An organisation (in specific circumstances, e.g. RSPCA for animal cruelty)

Question 8

What is the standard of proof for criminal cases?

Answer 8

Beyond reasonable doubt (almost 100 percent 99.99 percent)

Question 9

Where does the burden of proof lie in criminal cases?

Answer 9

On the prosecution
This is the principle of “innocent until proven guilty”.

Question 10

Define crime

Answer 10

Something:
Forbidden by the state
For which there is a punishment

Question 11

Where are crimes defined?

Answer 11

Most modern criminal laws=Act Parliament, e.g. the Theft Act 1968
However definition of some older crimes still comes from common law (e.g. murder)
Some ( not many) modern common laws, e.g. marital rape by R v R (1991)

Question 12

What two elements of a crime need to be present for there to be an offence?

Answer 12

Actus Reus ( the guilty act)
Mens Rea ( the guilty mind)

Question 13

Some crimes are strict liability offences, what does this mean?

Answer 13

No mens rea element is necessary for liability