Rules And Theory Flashcards

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1
Q

Crime

A

An act or omission that breaks an existing law and is harmful to society or an individual and is punishable.

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2
Q

Crime aims

A

any 3 aims
protect
reform and rehibilate
reduce crimes

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3
Q

Crime purpose

A

Protect individuals from harm
Preserve order in society
Enforce moral standards

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4
Q

Parties

A

Prosecution and defence

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5
Q

Result

A

Guilty or not guilty
A sentence by a magistrate or a judge

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6
Q

Appeal criminal court:

A

Crown court

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7
Q

Standard of proof

A

Amount of evidence which is necessary to prove in court.

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8
Q

Burden of proof

A

The prosecution is responsible for constantly proving the case

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9
Q

Actus Reus

A

Defendant did the crime

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10
Q

Mens rea

A

Defendant had the correct mind set to make them guilty of the crime

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11
Q

Paternalistic theory

A

Laws which are stated to be for society’s protection and well being

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12
Q

Legal moralism

A

Laws based on society’s moral values

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13
Q

Autonomy

A

Individuals independent and the state can’t take away their rights unless intervene with other people’s rights

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14
Q

Fault

A

Actions of people should be limited to prevent harm to others

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15
Q

Four main instances where D is not fully to blame for actions

A

Children under the age of 10
If not liable for involuntary act
Set defence applies such as intoxication or insanity
Lack of men’s rea

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16
Q

reverse onus

A

A Reverse onus clause can be defined as ‘one that shifts the burden of proof upon the accused