Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Legal > Presumption of innocence > Flashcards

Presumption of innocence Flashcards

1
Q

Purpose of criminal law

A
  • Protect individuals
  • Protect property
  • Protect society
  • Promote justice
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Protect individuals

A
  • Establishes crimes and processes to deal with people who commit these crimes.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Protect property

A
  • Criminal law aims to protect privately owned and public property. Includes protecting land, the environment and personal property.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Protect society

A
  • Sets standards and makes it clear what behaviour is not tolerated by the community and the legal system. This helps to maintain public order and community safety.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Promote justice

A
  • Provides processes to deal with offenders and to enforce the law.
  • Helps prevent victims of a crime and their family and friends, from taking the law into their own hands and imposing their own punishment on an offender
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

The presumption of innocence

A
  • The presumption of innocence is a key concept in our criminal justice system.
  • The accused is innocent until proven guilty
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Elements of a crime

A
  • Actus reus
  • Mens rea
  • Strict liability
  • Age of criminal responsibility
  • Burden of proof
  • Standard of proof
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Actus reus

A
  • Guilty act

- The physical act of committing the crime.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Mens rea

A
  • Guilty mind

- The intention to commit the crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Strict liability

A
  • Does not require the prosecution to prove mens rea.
  • It is enough that the action took place for a crime to have taken place.
  • Only the actus rectus needs to exist
  • E.g. drink driving
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Age of criminal responsibility

A

< 10 cannot be charged with a crime.
10-13 years and charged with a crime the prosecution must prove that the child knew that their actions were wrong.
- The principle of doli (child) incapax (no capacity)
- Depends on the child’s upbringing, psychological issues, remorse and prospects of rehabilitation.
> 14 are criminally liable for their actions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Burden of proof

A
  • The responsibility that the party has to prove/establish the facts of the case
  • In a criminal case, the burden of proof lies with the prosecution.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Standard of proof

A
  • It is the extent to which the allegations need to be proven in the case
  • In a criminal case the prosecution must prove the case beyond reasonable doubt
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Summary offences

A
  • Minor crimes
  • Generally heard in the Magistrates’ court
  • The final hearing, at which both parties will put their case before the court, is known as a hearing
  • A magistrate will determine whether the person charged with a crime is guilty
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Indictable offences

A
  • Serious crimes
  • Tried in the County Court or Supreme Court
  • The final hearing, at which both parties will put their case before the court, is known as a trial
  • When an accused pleads not guilty, the court will select a jury of 12 people from the community
  • The jury will determine whether or not the person charged with a crime is guilty
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Indictable offences heard summarily

A
  • These are serious crimes that may be heard summarily (without a jury)
  • Heard in the Magistrates’ Court if the court determines it is appropriate and the accused agrees.
  • A magistrate will determine whether or not the person charged with a crime is guilty.
17
Q

Participants in a crime

A
  • Principal offender

- Accessory to a crime

18
Q

Principal offender

A
  • The person who commits an offence, being the person who has committed actus reus and has mens rea.
  • A person who is involved in a crime is also a principal offender if they intentionally assisted, encouraged or directed another person to commit a crime.
19
Q

Accessory to a crime

A
  • A person who, without a lawful excuse, knowingly assists another person who has committed a serious indictable offence, to evade arrest, prosecution or conviction.
  • An accessory can be found guilty regardless of the offender being found guilty or not.
20
Q

The elements of murder

A
  1. The killing was unlawful - the accused did not have a lawful reason for causing the other person’s death
  2. The victim was a human being
  3. The accused was a person over the age of discretion - the accused must be at least 10 years old
  4. The accused caused the victim’s death
  5. The accused was a person of sound mind - the accused must be able to know right from wrong and understand the nature of what they have done
  6. There was malice aforethought - the accused must have had an intention to cause serious harm
21
Q

Defences to murder

A
  • Self defence
  • Mental impairment
  • Duress
  • Sudden or extraordinary emergency
  • Intoxication
  • Automatism
  • Accident
  • One or more of the elements were not proven beyond reasonable doubt by the prosecution
22
Q

Self defence

A
  • At the time of the offending, the accused believed that their actions were necessary to protect or defend themselves or another person from death or serious injury.
23
Q

Mental impairment

A
  • At the time of the offending, the accused was suffering from a mental illness and therefore did not know what they were doing was wrong because they had little understanding of the nature and quality of their actions or did not know that their conduct was wrong.
24
Q

Duress

A
  • At the time of the offending, the accused believed that there was a threat of harm and that threat would be carried out if they did not commit the offence. Further, the accused believed that committing the offence was the only reasonable response to the threat.
25
Q

Sudden or extraordinary emergency

A
  • At the time of the offending, the accused had a reasonable belief that there was a sudden and extraordinary emergency and committing the offence was, under the circumstances, the only reasonable way to deal with the emergency.
26
Q

Intoxication

A
  • At the time of the offending, the accused acted involuntarily or without intent due to being in an intoxicated state as a result of consuming alcohol, taking drugs or ingesting some other substance; the intoxication must not have been self-induced.
27
Q

Automatism

A
  • The accused’s actions were involuntary as they had a loss of control over their bodily movements and could not form intention.
28
Q

Accident

A
  • The accused’s actions were unintentional or reasonably unforeseen
29
Q

Impact: The victim and their family

A
  • Loss of life
  • Disruption to family life
  • Trauma, grief and loss, and related medical issues (both in the immediate and longer term)
  • Funeral costs
  • Loss of household income
  • Loss of trust in law and order, and community values
30
Q

Impact: The community

A
  • Cost of publicly funded medical treatment (if death was not immediate)
  • Need for coronial services
    Increased need for police, fire and emergency services
  • Trauma to emergency services workers to responding to incident
  • Loss of workplace productivity
  • Potential loss of confidence in the legal system and community values
31
Q

Impact - The offender

A
  • Guilt or shame in causing a death
  • Legal costs
  • Custodial sentence
  • Loss of household income if the offender is imprisoned
  • Diminishment of the family’s social standing and wellbeing
  • Negative influences as a result of exposure to prison

Legal (9 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions