Outcome 2 - Presumption of innocence Flashcards
The presumption of innocence
- 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-
purposes of criminal law
7 answers
- protect individuals - establishes crimes and sanctions for those who commit crimes
- protect property - things we own cannot be taken from us or damaged
- protect society - allows physical, social and financial aspects of society to function. - prohibits activity that is damaging to society
- maintain public order and security- set standards and established boundaries for acceptable behaviour
- protects justice and the rule of law - only the state can enforce the law and punish people
- protects rights - allows people to engage in cultural activities free from harassment
- improves society generally - defers people from commiting crimes.
how does criminal law achieve its purpose
3 answers
- establishing the law through statutes and court desicions
- enforcing the law through the police
- deciding who has broken the law through the courts
defining a crime
what is an act?
an act is doing something
defining a crime
what is an omission?
an omission is failing to do something
defining a crime
against an existing law
- 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)
defining a crime
harmful to an individual or society
- 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
defining a crime
punishable by law
An act or behaviour prohibited by criminal law and therefore punishable by law:
the presumption of innocence
how is the presuption of innocence protected
5 answers
- 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.
the presumption of innocence
why doesn’t an accused person have to prove their innocence?
the prosecution has to provethe accused is guilty as they have the burden of poof this way the accused can stay silent.
the presumption of innocence
what does the presumption of inncoence protect?
the presumption of innocence protects against wrongful conviction
burden of proof
who needs to prove their side of the case?
the prosecution is responsible for presenting valid, reliable, and sufficient evidence in court to prove that the accused is guilty
standard of proof
how well do they have to prove it?
the evidence presented by the prosecution must prove that the accused is guilty beyond reasonable doubt
it upholds presumption of innocence
beyond reasonable doubt
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.
elements of a crime
Actus reus
a guilty act or omission. the physical element.
elements of a crime
Mens rea
- 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.
define
crime
act or omission against an existing law that is harmful to an individual or society (physical, financial, psychological) and is punishable by law.
Key concepts of criminal law
strict liability
where culpability/responsibility for committing a crime can be established without having to prove mens rea. Eg: speeding
key concepts of criminal law
Age of criminal responsibility
- Under 10: cannot be charged.
- 10-13: prosecution must prove the child knew their actions were wrong.
- Over 14: can be charged.
Crime statistics agency
collects crime statistics in Vic and classifies crimes into divisions
DIV A
offence division
crimes against a person -
homicide, assault, stalking
offence subdivision
DIV B
offence division
Property and deception offences-
theft, burglary,arson
offence subdivision
DIV C
offence division
drug offences -dealing and trafficking, drug use and manufacture
offence subdivision
DIV D
offence division
public order and security offences- public nuisance, disorderly and offensive conduct
offence subdivision
DIV E
offence division
justice procedure offences- contempt of court.
offence subdivision
DIV F
offence division
other offences - driving offences
offence subdivision
classifying a crime according to the type of offender or victim
cyber crime
a criminal offence in which the use of computers or information communication technologies [ICT] is an essential and central part of the offending.
classifying a crime according to the type of offender or victim
Hate Crime
a criminal offence motivated by hostility and prejudice towards the victim [e.g. because of their gender, age, race, religion, or sexual orientation]
classifying a crime according to the type of offender or victim
Organised Crime
criminal offences undertaken in a planned and on going manner by organised syndicates and gangs
classifying a crime according to the type of offender or victim
Juvenile Crime
a criminal offence undertaken by a young person aged between 10-18 years.
classifying a crime according to the type of offender or victim
white collar crimes
criminal offences undertaken by people who work for government, businesses or in the corporate world.
types of crime
summary offences
severity
- 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”
types of crime
indictable offences
severity
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)
types of crime
indictable offences heard summarily
severity
- 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.
type of offenders
principal offender
- 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.
types of offenders
accessory
- 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.
Definition of crime over time
- 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
protection of presumption of innocence
bail
● 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
protection of presumption of innocence
appeal
the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision.
protection of presumption of innocence
other ways
● Legal representation
● Remain Silent
● Privacy regarding past criminal convictions before pleading/found guilty
types of crime
Summary offences VS
indictable offences
Summary offences are minor offences, that are charged on summons whereas
indictable offences are serious offences that are charged on indictment
