Law and You Revision Flashcards
Define Mens Rea
the intention or knowing of wrongdoing
Define Actus Rea
the action of committing the wrongdoing
Define Strict liability
you don’t need to prove intent, the act is enough to convict.
Define Summary offences
are minor offence which can sentence a defendant to a maximum penalty of two years imprisonment for a single charge.
Define Indictable offence
are serious offences and carry high maximum penalty for a single charge.
Define the Burden of proof
the obligation to prove something and is normally seen as the prosecutor who bears the burden of proof
Define Standard of proof
proof beyond reasonable doubt
Define Accused
a person or group of people who are charged with or on trial for a crime.
Define Prosecution
the legal proceedings against someone in form of a criminal charge.
Define Crime
an action that is punishable by law.
Define Duress
Carrying out a crime because it is believed to be the only way a threatened harm can survive
Define Self-defence
the defence of one’s person or interests, especially through the use of physical force
What is the main difference between murder and man-slaughter?
is murder has intent to kill or cause serious bodily harm while man-slaughter doesn’t.
What are the parties in a criminal matter?
The prosecution, defendant and defence attorney.
Elements of Murder
Unlawful killing not state-sanctioned
Sound Mind
Actus Rea
Men’s Rea
Causation
Age of Reasonability
No Defence applies
What are the different types of manslaughter
voluntary manslaughter
diminished responsibility
loss of control
killing within a suicide pact
Define Gross negligent manslaughter
not doing something that someone in your profession should do
Define Unlawful and dangerous act manslaughter
If you do something that you could have been expected to do and they die
What is a criminal sanction? Do they serve a greater purpose?
Sanctions are the punishments imposed by courts.
They help by providing Protection, deterrence , retribution, re-habitation and denunciation
What is a Community and corrections order
Community and corrections order which is a supervised sentence involving community work for a specific number of hours.
Define Imprisonment
the removal of someone from society and into a facility
What must a judge consider when sentencing a guilty offender?
Past offences
Circumstances
Severity of the crime
Age
Character
Define Plaintiff
a person who brings a case against another in a court of law
Define Defendant
the party that is accused in a court of law