Rules And Theory Flashcards
Crime
An act or omission that breaks an existing law and is harmful to society or an individual and is punishable.
Crime aims
any 3 aims
protect
reform and rehibilate
reduce crimes
Crime purpose
Protect individuals from harm
Preserve order in society
Enforce moral standards
Parties
Prosecution and defence
Result
Guilty or not guilty
A sentence by a magistrate or a judge
Appeal criminal court:
Crown court
Standard of proof
Amount of evidence which is necessary to prove in court.
Burden of proof
The prosecution is responsible for constantly proving the case
Actus Reus
Defendant did the crime
Mens rea
Defendant had the correct mind set to make them guilty of the crime
Paternalistic theory
Laws which are stated to be for society’s protection and well being
Legal moralism
Laws based on society’s moral values
Autonomy
Individuals independent and the state can’t take away their rights unless intervene with other people’s rights
Fault
Actions of people should be limited to prevent harm to others
Four main instances where D is not fully to blame for actions
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