Legal Flashcards
What is a rule?
Are applied locally and are in limited context
What is a law?
Laws apply to society and are enforced by society
What is a crime?
A conscious voluntary act or omission that is considered harmful to society, prohibited by the state and punished by the state
What are the two basic parts of a crime?
Actus Reus: wrongful act - physical
Mens Rea: wrongful mind - mental
What must be proved to be found guilty of a crime?
Actus Reas
What is needed for a crime to be a crime?
A crime must be a conscious voluntary act which you know what you are doing and are willingly doing it
What is the standard of proof?
Beyond Reasonable doubt
How much you need to prove
What is the presumption of Innocnece?
Everyone is presumed innocent until proven guilty
Onus of proof:
Who has to prove - standard of proof
What is the criminal liability for 0-10 year olds?
Cannot be found guilty of a crime
Assumed knew right from right
10-14
Can’t be found guilty but if the prosecution can prove that you had a criminal attitude you can be found guilty
14 and over
Full criminal liability
What is an alibi: - general defences for a crime
Piece of evidence that says you were elsewhere when an act was committed
Accident: general defence for crimes
No intention, misguided or wrong
Insanity: general defence
State of being ill