Key concepts of criminal law Flashcards
what is the presumption of innocence
ensures that no accused person can be treated as if they are guilty until they have been found guilty in a fair trial, beyond reasonable doubt
why is the presumption of innocence important to the justice system
serves to protect the rights of the accused, and ensures that they are not punished without first having the opportunity to defend themselves.
what are the elements of a crime
the actus reus and mens rea
what is the actus reus
the physical act of committing the crime
what is the mens rea
refers to the mental state of a defendant when committing a crime, essentially signifying the intent or knowledge required to be considered culpable for an offense
what is strict liability
strict liability means being held responsible for an action’s outcome, even without proof of fault (like negligence or intent), if the action caused harm and the defendant was responsible.
what are some examples of strict liability
driving intoxicated, fare evasion, not displaying P plates
what is the age of criminal responsibility
in australia, no child under 12 can be charged with a crime because they do not have fully formed brains and higher order reasoning hasn’t developed
how would prosecution prove that a child of 12 years deserved to be charged with a crime
between the ages 12 and 13, a child is considered to be doli incapax. To be charged with a crime at this age, the prosecution must provide a rebuttal and prove that the accused is capable of evil. This can be proven by examining whether the child knows whether they commited a crime or not.
What is the burden of proof
the responsibility to prove the allegations made in a case. In general, burden of proof is held by the person or group who initiates the case or brings it to court
what is the standard of proof
Strength of evidence needed to prove a legal case. the prosecution must prove the case beyond reasonable doubt.
