Proving Guilty Flashcards

1
Q

Presumption of Innocence

A

Innocent until proven guilty.

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2
Q

Murder

A

‘A person of sound memory and discretion unlawfully kills any reasonable creature in being and under the Queen’s peace with malice afore thought either express or implied.’

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3
Q

Description of Crime

A

A crime is an act or omission that is against an existing law, harmful to an individual or society as a whole and punishable by law.

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4
Q

Actus Reus

A

A wrongful Act

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5
Q

Mens Rea

A

A guilty mind

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6
Q

Doli Incapax

A

lacking ability to be guilty of an offence.

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7
Q

Strict liability

A

culpability or responsibility for committing a crime can be established without having to prove mens rea.

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8
Q

Theft

A

dishonestly acquiring property belonging to another with the intention of permanently depriving the other of it.’

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9
Q

Robbery

A

theft that involves force or a threat of force. Armed robbery involves the use of a weapon.

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10
Q

Burglary

A

any time you enter a property without permission with the express intent to remove items.

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11
Q

Malice Afore Thought

A

Refers to the intention to murder as a result of chain of events

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12
Q

Standard of proof

A

Beyond reasonable doubt

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13
Q

Burden of proof

A

lies with the prosecution

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14
Q

crime against a person

A

murder

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15
Q

Crimes against the state

A

treason

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16
Q

Crimes against property

A

vandalism

17
Q

Crimes against morality

A

prostitution

18
Q

Crimes against the legal system

A

perjury

19
Q

“Mike needs to prove his innocence.” Is this statement true?

A

Innocent until proven guilty by the prosecution

20
Q

Non parole period

A

the minimum time that an offender must spend in prison before they are eligible for release to parole.