Rule Of Crininal Law Flashcards
Crime
Changing attitudes: what may have been considered criminal in the past may no longer be, and vice versa
Actus reus
a guilty act
Mens rea
a guilty mind (intention)
Burden of proof
A party’s duty to produce sufficient evidence to support an allegation or argument
Standard of prood
the preponderance of probability, usually referred to as the balance of probability.
Reverse onus
a burden which is placed on the accused to prove some matter which shows that he is not guilty of an offence
Legal paternalism
justifies state coercion to protect individuals from self-inflicted harm
Legal moralism
but an ideal set of rules and values which the law is to enforce
Harm principle
actions of individuals should only be limited to prevent harm to other individuals.