Rules Of Criminal Law Flashcards
Definition of criminal law
A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts.
What is the problem with defining a ‘crime’?
Changing attitudes that may have been considered criminal in the past may no longer be (vice versa)
What is the role of the state in criminal law?
- Criminal law is set down by the state.
- They bring forward prosecutions and impose penalties on offenders.
Theory of criminal law
- The relationship between morality and the law is subjective.
- Acts that are essentially criminal are sometimes blind sided by juries.
Define retributive justice
Focuses on the punishment for the crime
Define corrective justice
Idea that liability rectifies the injustice inflicted by one person to another
What happens when the law doesn’t cover a particular matter?
The judge can rule to criminalise it (make it illegal).
What are the two elements of a crime?
Actus reus - the alleged act itself
Mens rea - the mental element of the act / intention
What happens in strict liability cases?
The prosecution only has to prove actus reus.
What factors can lead to a ‘not guilty’ verdict?
- insanity
- automatism (unconscious/involuntary acts)
- intoxication
- duress
- necessity
What does ‘standard of proof’ need to be?
Beyond reasonable doubt in order to convict
Burden of proof
Is on the prosecution to prove that Actus Reus and Mens Rea were both there when the offence was committed.
What happens when defendant wants to raise a defence?
It’s up to the trial judge to advise the jury to acquit unless they’re satisfied that evidence provided by the defence has been disapproved by the prosecution.
