Legal: Test 2 Flashcards
Define criminal law
An offence against the community and state which is punishable by law
4 characteristics needed to define a crime
Must be an existing law
Harmful to an individual
Punishable by law
Acteus reus and men’s rea
Define Presumption of innocence
They are innocent until proven guilty
Standard of proof
Crown or prosecution
Burden of proof
Beyond reasonable doubt
What two elements of a crime usually need to be proven to be guilty of a crime
Mens rea (a guilty mind) Actus reus (a guilty act)
Define strict liability
When men’s reus does not need to be proven but actus reus has to be proven
At what age Can a person be charged with a criminal offence. Explain.
- They need to no the difference between right and wrong
Four different participants in a crime
Principal offender
Accessory before the fact
Principal in the second degree
Accessory after the fact
Offence against a person
Assault
Kidnapping
Offence against property
Theft
Burglary
Robbery
Define homcide
2 examples
Killing of one human being by another
Define lawful homicide
2 examples
Not punishable by law
Capital punishment
Self defence
Define unlawful homicide
4 examples
Punishable by law
Manslaughter
Murder
Capable driving
Infanticide
Three examples of offence against property
Theft ( dishonest)
Robbery (act of stealing with the use of threats or force
Burglary (trespassing with the intent to steal or to commit an offence
Self defence
When your life is in danger by another, you can kill the other in self defence
Necessity
The act of killing or injuring another to save another’s life
R V Dudley and Stephens
Define capital punishment
Punishment involving death
3 advantages of capital punishment
Less criminals in prison, less money government pays
Criminals won’t spend there rest of there life in prison
Other people will not do it
3 disadvantages
Won’t be able to see loved ones
It costs more than keeping someone in jail for life
Life in prison is a harsher punishment
Define manslaughter
Unlawful killing of another person without malice aforethought
Principle offender
The person who commits the crime
Murder
The killing of another human being with malice aforethought
Accessory before the fact
Someone who assists before the crime actually happens
Principal offender in the second degree
Someone who assists the principal offender at the crime scene
Accessory after the fact
Someone who help after the crime
