Proving criminal liability Flashcards
1
Q
What is the defendant?
A
Innocent until proven guilty?
2
Q
What does innocent until proven guilty mean for the prosecution?
A
It’s their responsibility to provide evidence that the defendant had both the actus reus and mens rea of the offence
3
Q
What is the standard of proof?
A
Prosecution must provide evidence of defendant’s guilt ‘beyond all reasonable doubt’
4
Q
Why is the standard of proof higher in criminal than civil?
A
Because a person’s liberty is at stake.