Law Flashcards
What is criminal law?
Criminal law defines crimes and prescribes punishments for actions that threaten public safety.
What are the main purposes of criminal law?
To deter crime, punish offenders, rehabilitate them, and protect society.
What is actus reus?
The physical act or unlawful omission in a crime.
What is mens rea? (Law)
The mental element or intention to commit a crime.
What is strict liability? (Law)
Crimes that don’t require proof of mens rea.
What is the presumption of innocence? (Law)
The principle that a person is innocent until proven guilty.
Who has the burden of proof in criminal law? (Law)
The prosecution must prove guilt.
What is the standard of proof in criminal cases? (Law)
Beyond a reasonable doubt.”
What are summary offenses? (Law)
Minor crimes tried in the Magistrates’ Court.
What are indictable offenses? (Law)
Serious crimes tried in the Crown Court.
What are triable either-way offenses? (Law)
Crimes that can be tried in either Magistrates’ or Crown Court.
What is the definition of murder? (Law)
Murder is the unlawful killing of a human being with malice aforethought.
What is the actus reus of murder? (Law)
The unlawful killing of a human being under the Queen’s peace.
What is the mens rea for murder? (Law)
Intent to kill or cause grievous bodily harm (GBH).
What is involuntary manslaughter? (Law)
A killing without intent to kill or cause GBH, often through gross negligence or unlawful acts.
What constitutes an assault? (Law)
Causing another person to apprehend immediate unlawful violence.
What is actual bodily harm (ABH)? (Law)
Assault or battery causing any injury that is more than transient or trifling.
What is grievous bodily harm (GBH)? (Law)
Serious harm inflicted on a person, can be with intent (s.18) or without (s.20).
What is self-defense? (Law)
The use of reasonable force to protect oneself or others from harm.
What is voluntary manslaughter? (Law)
A killing with intent to kill or cause GBH, reduced by a partial defense like loss of control or diminished responsibility.
What is the insanity defense? (Law)
A legal defense where the defendant was incapable of understanding the nature of the act due to mental disorder.
What is duress? (Law)
A defense where the defendant was forced to commit a crime due to threats of death or serious harm.
How does consent work as a defense? (Law)
Consent can be a defense for some non-fatal offenses, provided it’s informed and voluntary.
What principle was established in R v Cunningham? (Law)
Established that recklessness requires the defendant to foresee the risk and proceed anyway.
