legal quiz revision (ch 4) Flashcards
what is a crime?
an act or omission that breaks an existing law, is harmful to an individual or society, and that is punishable by law.
what do the following mean?
suspect, charged, accused, convicted offender
suspect: a person of interest, possibly arrested by the police, no formal charge.
charged: usually arrested, formal charge of a crime made against a person.
accused: formally accused and being put before the court, not yet guilty of an offence.
convicted offender: person found or please guilty to a criminal offence, recorded as a conviction.
what is the difference between a criminal act and a criminal omission?
a criminal act is when someone actively does something illegal, like stealing or assaulting someone.
A criminal omission is when someone fails to do something they are legally required to do, like failing to properly take care of someone.
what are the 3 purposes/aims of law
to protect individuals: by establishing crimes and providing processes to deal with these people.
to protect property: aims to protect public and privately owned property through crimes and sanctions. e.g. theft, graffiti
protect society: aims to protect the community as a whole by setting standards for acceptable behaviour and imposing consequences to make clear unacceptable behaviour.
what is the presumption of innocence?
a guarantee by the state to its citizens that if they are accused of committing a crime, they will be treated, as being not guilty until the charge has been proven beyond a reasonable doubt.
what are the two latin terms in the elements of a crime?
actus reus: for a person to be found guilty, the prosecution must prove they physically did the wrongful action.
mens rea: for a person to be found guilty, the prosecution must prove they knowingly or intentionally committed the wrongful action.
what is the burden of proof
the responsibility to prove the allegations made in a case, the burden of proof is held by the person or party who initiates the case, in a criminal case the burden of proof is held by the prosecution.
what is the standard of proof
the strength of evidence needed to prove a legal case, in a criminal case the prosecution must prove the case beyond a reasonable doubt.
what is an indictable offence
serious crimes generally heard and determined in the higher courts before a judge and jury
what is a summary offence
minor crimes heard and determined in the magistrates court by a magistrate
