Rules of Criminal Law Flashcards
What is the definition of a crime?
A conduct forbidden by the state for which there is a punishment
How has the law on homosexuality changed over the decades?
in 1885 the criminal Law Amendment Act made consenting homosexual acts criminal even if they were in private. This remained law until 1967, when the Sexual Offences Act 1967 decriminalised such behaviour between those aged 21 and over. The age was reduced to 18 in 1994 then 16 in 2000.
How does new technology create new crimes?
Motor cars led to traffic laws, computers led to new laws to protect people from things such as fraud.
What is the role of the state in criminal cases?
Criminal law is mainly set down by state. So bringing a prosecution for a criminal offence is usually seen as part of the role of the state.
Examples of crimes which have been created by judges in recent times
Shaw v DPP (1962): Conspiracy to corrupt police morals.
R v R: Marital rape
What is the standard proof in criminal cases and why is this higher than in civil cases?
‘Beyond reasonable doubt’. It is higher than civil cases due to the defendant being at risk of losing their liberty.
Who carries the burden of proof in criminal cases?
The prosecution
What is the case of Woolmington v DDP?
The judge at the trial told the jury that the prosecution had to prove beyond reasonable doubt that the D killed his wife. He also said if the prosecution did that, D had to show it was an accident. This put the burden of proof on the D to prove the defence. The House Of Lords held this was incorrect.
