Introduction to Forensic Law Flashcards
what does law consist of?
rules that regulate the conduct of individuals, business and other oganisations within society
what does law intend to do?
protect persons and their property from unwanted interference from others
what are the functions of law
- facilitating orderly change
- facilitating planning
- keeping the peace
- maintaining the status quo
- maximising individual freedom
- promoting social justice
- providing a basis for compromise
- shaping moral standards
qualities of the law: fairness
the common law legal system is one of the most comprehensive, fair, and democratic systems of law ever developed and enforced
qualities of the law: flexibility
the common law legal system is generally responsive to cultural, technological, economic and social changes
how many crimes notified to the police each year
6 million
the harm principle (Mill, 1859)
the rationale for criminalising offences against the person regards the harm that is caused
‘the only purpose for which power can be rightfully exercised over any member of a civilised community against his will, is to prevent harm to others’
how does criminal law differ from other branches of law?
affects society at large
where is law found
statures - documents created by parliament
3 classifications of offences
summary only offences
either way offences
indictable only
offence: summary only offences
driving offences
assault
penalty: summary only offences
points on a driving licence
fine
community service
short-term imprisonment
trial: summary only offences
magistrates’ court without a jury
offence: either way offences
theft
GBH
burglary
penalty: either way offences
ranges
trial: either way offences
crown court (with a jury) or magistrates’ court (without a jury)
offences: indictable only
murder
rape
robbery
GBH with intent
pentalty: indictable only
high penalties upon conviction
maximumsentence of life imprisonment
trial: indictable only
must always be tried in the crown court with a jury
criminal justice process
- investigation
- arrest and charge
- first court appearance
- the trial
- the verdict and sentencing
when does a jury trial take place
in the Crown Court to try the more serious criminal cases
burden of proof
a party’s obligation to prove a charge, allegation, or defence
standard of proof
jury must evaluate information for a point of beyond reasonable doubt
what is an evidential burden
a burden to present some evidence in order to support the argument that is being made by either the prosecution or the defence lawyers
