Legal Studies AOS2 Proving Guilt

Question 1

What are the 4 purposes of criminal law (provide an Example)?

Answer 1

Protect Individuals - assault

Protect Property - breaking & entering or theft

Protect Society - Arson, Gunlaws

Protect Justice - Discrimination, Bribery

Question 2

The Presumption of Innocence

Answer 2

‘Accused is presumed innocent until proven guilty beyond reasonable doubt’

Question 3

How is the Presumption of innocence upheld ?

Answer 3

through the burden of proof because the prosecution has to prove that the accused is guilty beyond reasonable doubt rather then the accused defending themselves

Question 4

Two Elements of a Crime

Answer 4

Actus Reus - a guilty act

Men Rea - a guilty mind

Question 5

Actus Reus

Answer 5

the accused physically did the wrongful action

Question 6

Mens rea

Answer 6

the accused knowingly/intentionally commited the wrongful action

Question 7

Strict Liability

Answer 7

• Offences that do not have the mental Element (Mens rea)
• the prosecution is not required to prove that the accused had the intention to commit the crime
• To establish that accused is guilty, the prosecution is only only required to prove the accused committed the wrongful action or inaction

Question 8

When is Strict Liability Applied ?

Answer 8

Strict liability often applies to vehicular traffic offenses: in a speeding case, for example, whether the defendant knew that the posted speed limit was being exceeded is irrelevant; the prosecutor need only prove that the defendant was driving the vehicle in excess of the posted speed limit.

Question 9

Burden Of Proof

Answer 9

_the responsibility to prove the allegations made in a case

• is held by the person/party who brings the case to court
• in a criminal case the burden of proof is held by the prosecution

Question 10

Standard of Proof

Answer 10

• the strength of evidence needed to prove a legal case
• in a criminal case, the prosecution must prove the case ‘BEYOND REASONABLE DOUBT’

Question 11

Criminal Responsibility ~ A child under 10yrs of age

Answer 11

Cannot be charged with a crime

Question 12

Criminal Responsibility ~ A child 10-13yrs of age

Answer 12

can be charged with a crime if the prosecution proves the child knew their action were wrong at the time of the crime

Question 13

Criminal Responsibility ~ A child aged 14 or over

Answer 13

Can be charged with a crime

Question 14

Types of Crime

Answer 14

Division A
Division B
Division C
Division D
Division E
Division F

Question 15

Division A

Answer 15

Crimes against a Person Eg: Homicide, Sexual offences, Stalking etc:

Question 16

Division B

Answer 16

Property and deception offences Eg: Arson, Property damage, breaking and entering Etc:

Question 17

Division C

Answer 17

Drug Offences Eg: dealing and trafficking drugs, manufacturing drugs, drug use / possession

Question 18

Division E

Answer 18

Justice Procedures offences Eg: Perjury ( giving false evidence under oath) and contempt of court

Question 18

Division D

Answer 18

Public order and security offences Eg: weapons and explosives, public and security offences Etc:

Question 19

Division F

Answer 19

Other Offences Eg: regulatory driving offences and transport regulatory offences

Question 20

Principle Offender

Answer 20

A person who commits an offence & who has carried out the actus reas. any person who is involved with the act of the crime is considered a principle offender

Question 21

Accessory

Answer 21

A person who knowingly assists another person who has committed a serious indictable offence to avoid being arrested, prosecuted, convicted or punished

Question 22

Indictable Offence

Answer 22

serious crimes

tried in the county court or supreme court

the final hearing where both parties put their cases before the court is known as a trial

when an accused pleads not guilty a jury determines a verdict

Question 23

Summary Offence

Answer 23

minor crimes

generally heard in the magistrates court

the magistrate determines whether the person charged with a crime is guilty

Question 24

Indictable vs Summary Offences

Question 25

6 elements of Murder

Answer 25

• The killing was unlawful
• The victim was a human being

-the accused was a person over the age of discretion

-the accused caused the victims death

-accused was person was of sound mind

-There was malice aforethought

Question 26

The Killing was Unlawful

Answer 26

The prosecution must prove that there was no lawful reason for the death

Question 27

The Victim was a Human Being

Answer 27

the victim must be a human (homo-sapien)

Question 28

The accused was a person over the age of discretion

Answer 28

the accused is over 10

Question 29

The accused caused the victims death

Answer 29

the prosecution must prove that the accused actions contributed significantly & substantially to the victims death

Question 30

Accused was a person of sound mind

Answer 30

the prosecution must prove that the accused was, at the time of the offence capable of understanding that their actions were wrong & therefore able to form intent

Question 31

There was malice aforethought

Answer 31

the prosecution must prove that the accused acted with the intention to kill or cause serious injury to the victim

Question 32

Doli Incapax

Answer 32

someone under the age of 10 is incapable of forming a criminal intent

Question 33

3 Possible impacts of murder

Answer 33

1- Impacts on the victim and their family
2- impacts of the community
3- impacts of the offender

Question 34

Impacts on the victim and their family

Answer 34

• loss of life
  -disruption to family life
• funeral costs
  -loss of household income

Question 35

impacts of the community

Question 36

impacts of the offender

Answer 36

• guilt or shame causing a death
• legal costs
  -custodial sentence