Legal study The presumption of innocence Flashcards
Accessory
a person who knowingly assists another person who has committed a serious indictable offense to avoid being apprehended, prosecuted, convicted, or punished.
Accused
a person charged with a criminal offense
Actus reus
a Latin term meaning ‘a guilty act; the physical element of a crime
Mens Rea
a Latin term meaning ‘ a guilty mind’, the mental element of a crime
Crime
an act or omission that is against law, harmful to an individual or to society as a whole, and punished by law.
Criminal Law
An area of law that defines behaviors and conduct that are prohibited (ex crimes) and outlines sanctions(ex penalties) for people who commit them. (as opposed to civil law).
The presumption of innocence
The fundamental principle of criminal law
Provides a guarantee that an accused is presumed innocent until proven guilty beyond a reasonable doubt.
How is POI is protected and upheld by various criminal principles and processes?
Burden of proof
Standard of proof
Reasonable belief that a person has committed a crime before the arrest,
•Right to legal representation in court,
•Right to silence,
•Previous convictions not revealed until sentencing,
Right to appeal