Proving Guilty Flashcards
Presumption of Innocence
Innocent until proven guilty.
Murder
‘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.’
Description of Crime
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.
Actus Reus
A wrongful Act
Mens Rea
A guilty mind
Doli Incapax
lacking ability to be guilty of an offence.
Strict liability
culpability or responsibility for committing a crime can be established without having to prove mens rea.
Theft
dishonestly acquiring property belonging to another with the intention of permanently depriving the other of it.’
Robbery
theft that involves force or a threat of force. Armed robbery involves the use of a weapon.
Burglary
any time you enter a property without permission with the express intent to remove items.
Malice Afore Thought
Refers to the intention to murder as a result of chain of events
Standard of proof
Beyond reasonable doubt
Burden of proof
lies with the prosecution
crime against a person
murder
Crimes against the state
treason
Crimes against property
vandalism
Crimes against morality
prostitution
Crimes against the legal system
perjury
“Mike needs to prove his innocence.” Is this statement true?
Innocent until proven guilty by the prosecution
Non parole period
the minimum time that an offender must spend in prison before they are eligible for release to parole.
