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Legal Studies Unit 1 > Outcome 2 - Presumption of innocence > Flashcards

Outcome 2 - Presumption of innocence Flashcards

1
Q

The presumption of innocence

A
  • the fundamental principle of criminals law
  • provides a guarantee that an accused is presumed innocent until proven guilty beyond reasonable doubt.

beyond reasonable doubt - no other logical reason-

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2
Q

purposes of criminal law

7 answers

A
  1. protect individuals - establishes crimes and sanctions for those who commit crimes
  2. protect property - things we own cannot be taken from us or damaged
  3. protect society - allows physical, social and financial aspects of society to function. - prohibits activity that is damaging to society
  4. maintain public order and security- set standards and established boundaries for acceptable behaviour
  5. protects justice and the rule of law - only the state can enforce the law and punish people
  6. protects rights - allows people to engage in cultural activities free from harassment
  7. improves society generally - defers people from commiting crimes.
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3
Q

how does criminal law achieve its purpose

3 answers

A
  • establishing the law through statutes and court desicions
  • enforcing the law through the police
  • deciding who has broken the law through the courts
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4
Q

defining a crime

what is an act?

A

an act is doing something

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5
Q

defining a crime

what is an omission?

A

an omission is failing to do something

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6
Q

defining a crime

against an existing law

A
  • the act or omission must be prohibited by a current law
  • the parliament and courts establish laws that define which actions (or inactions) are prohibited (and therefore are crimes)
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7
Q

defining a crime

harmful to an individual or society

A
  • harm can be physical, financial and / or psycological -> for example : assault can cause all three types of harm to an individual
  • other crimes, such as taking illegal drugs or graffiti related crimes, affect the community’s feelings of safety and enjoyment of public spaces
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8
Q

defining a crime

punishable by law

A

An act or behaviour prohibited by criminal law and therefore punishable by law:

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9
Q

the presumption of innocence

how is the presuption of innocence protected

5 answers

A
  • the burden of proof (responsiibility of proving the charges) is on the prosecution
  • case against an accused must be proved beyond reasonable doubt (standard of proof)
  • police must have reasonable grounds to arrest a person
  • accused has the right to legal representation and the right to silence
  • the accused is alleged to have commited a crime, this is why they are reffered to as the accused.
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10
Q

the presumption of innocence

why doesn’t an accused person have to prove their innocence?

A

the prosecution has to provethe accused is guilty as they have the burden of poof this way the accused can stay silent.

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11
Q

the presumption of innocence

what does the presumption of inncoence protect?

A

the presumption of innocence protects against wrongful conviction

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12
Q

burden of proof

who needs to prove their side of the case?

A

the prosecution is responsible for presenting valid, reliable, and sufficient evidence in court to prove that the accused is guilty

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13
Q

standard of proof

how well do they have to prove it?

A

the evidence presented by the prosecution must prove that the accused is guilty beyond reasonable doubt

it upholds presumption of innocence

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14
Q

beyond reasonable doubt

A

the standard of proof in criminal cases
- requires the prosecution to prove there is no reasonable doubt that the accused commited the offence

no other logical explanation.

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15
Q

elements of a crime

Actus reus

A

a guilty act or omission. the physical element.

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16
Q

elements of a crime

Mens rea

A
  • the persons state of mind when performing the actus reus. they need to have acted intentionally or perhaps recklessly or negligently.
  • this relates to the mental element.
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17
Q

define

crime

A

act or omission against an existing law that is harmful to an individual or society (physical, financial, psychological) and is punishable by law.

18
Q

Key concepts of criminal law

strict liability

A

where culpability/responsibility for committing a crime can be established without having to prove mens rea. Eg: speeding

19
Q

key concepts of criminal law

Age of criminal responsibility

A
  • Under 10: cannot be charged.
  • 10-13: prosecution must prove the child knew their actions were wrong.
  • Over 14: can be charged.
20
Q

Crime statistics agency

A

collects crime statistics in Vic and classifies crimes into divisions

21
Q

DIV A

offence division

A

crimes against a person -
homicide, assault, stalking

offence subdivision

22
Q

DIV B

offence division

A

Property and deception offences-
theft, burglary,arson

offence subdivision

23
Q

DIV C

offence division

A

drug offences -dealing and trafficking, drug use and manufacture

offence subdivision

24
Q

DIV D

offence division

A

public order and security offences- public nuisance, disorderly and offensive conduct

offence subdivision

25
Q

DIV E

offence division

A

justice procedure offences- contempt of court.

offence subdivision

26
Q

DIV F

offence division

A

other offences - driving offences

offence subdivision

27
Q

classifying a crime according to the type of offender or victim

cyber crime

A

a criminal offence in which the use of computers or information communication technologies [ICT] is an essential and central part of the offending.

28
Q

classifying a crime according to the type of offender or victim

Hate Crime

A

a criminal offence motivated by hostility and prejudice towards the victim [e.g. because of their gender, age, race, religion, or sexual orientation]

29
Q

classifying a crime according to the type of offender or victim

Organised Crime

A

criminal offences undertaken in a planned and on going manner by organised syndicates and gangs

30
Q

classifying a crime according to the type of offender or victim

Juvenile Crime

A

a criminal offence undertaken by a young person aged between 10-18 years.

31
Q

classifying a crime according to the type of offender or victim

white collar crimes

A

criminal offences undertaken by people who work for government, businesses or in the corporate world.

32
Q

types of crime

summary offences

severity

A
  • a minor offence generally heard in the Magistrates’ Court.
  • Contained in summary offences act.
  • No jury.
  • Final hearing: hearing.
  • less severe punishments (fines, or community corrections orders)
  • examples ( traffic offences, and “public order offences”
33
Q

types of crime

indictable offences

severity

A

Serious offences generally heard in county or supreme,
- final hearing: trial,
- jury,
- contained in crimes act,
- can be heard summarily.
- more severe punishments (imprisonment and large fines)
- examples (rape, murder, sexual assault)

34
Q

types of crime

indictable offences heard summarily

severity

A
  • indictable offences can be heard and determined as a summary offence in Magistrates if court and accused consent.
  • Only if under 10 years imprisonment and under 1200 penalty units.
  • Quick and cheap and lesser sanction.
35
Q

type of offenders

principal offender

A
  • a person who has carried out the actus reus (guilty act) and has therefore directly committed the offence.
  • Involved: assists, encourages/directs another person to commit.
  • Makes and agreement with another person to commit crime together.
36
Q

types of offenders

accessory

A
  • knowingly assists another person who has committed an indictable offence to avoid being apprehended, prosecuted, convited, punished.
  • Must know the person has committed it.

knowledge of indictable offence after the fact.

37
Q

Definition of crime over time

A
  • Definition of crime can change over time within society & definitions of crimes vary
    across countries.
  • Each country has different social, moral & cultural norms, An act or omission that is a
    legal behaviour in one country can place you in jail in another counrty
38
Q

protection of presumption of innocence

bail

A

● Release of an accused from custody on the condition that they will attend court at a later date

Bail may be granted or refused if the court believes that the accused may be:
● A flight risk/planning to abscond
● Pose a threat to the community

39
Q

protection of presumption of innocence

appeal

A

the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision.

40
Q

protection of presumption of innocence

other ways

A

● Legal representation
● Remain Silent
● Privacy regarding past criminal convictions before pleading/found guilty

41
Q

types of crime

Summary offences VS
indictable offences

A

Summary offences are minor offences, that are charged on summons whereas
indictable offences are serious offences that are charged on indictment

Legal Studies Unit 1 (2 decks)

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