Rules of Criminal Law

Question 1

Crime definition

Answer 1

intentional act deemed socially harmful aka breaking the law

Question 2

Problem with defining crimes

Answer 2

Changing attitudes e.g. R v R (1991) rape within marriage

Question 3

Term criminal law refers to

Answer 3

substantive criminal laws

Question 4

relationship between morality and law

Answer 4

is subjective, sometimes acts that are essentially criminal are sometimes blind sided by juries

Question 5

Retributive justice

Answer 5

focus on the punishment for the crime

Question 6

Corrective justice

Answer 6

liability rectifies the injustice inflicted by one person to another

Question 7

Criminal law is set down by state

Answer 7

state brings forward prosecutions and imposes penalties on offenders, however private organisations can also bring forward prosecutions

Question 8

Elements of crime

Answer 8

AR
MR

Question 9

Actus Reus

Answer 9

refers to the alleged act itself e.g. killing someone

Question 10

Mens Rea

Answer 10

the mental element of the act or the degree of intent e.g. intention to kill someone

Question 11

Elements must be together

Answer 11

however if the act is ongoing and the presence of MR at any point can be proved, that is sufficient

Question 12

Even if AR and MR are both there:

Answer 12

the defendant may still be found not guilty

Question 13

Strict liability

Answer 13

the prosecution on has to prove AR

Question 14

Defences

Answer 14

offences (fatal and non fatal) committed by the defendant can sometimes include a no. of factors that could lead to a ‘not guilty’ verdict

Question 15

Duress and necessity

Answer 15

can’t be defences for murder, intoxication can only be used as a defence when D didn’t have the required MR

Question 16

Standard of proof

Answer 16

in criminal cases need to be ‘beyond reasonable doubt’ in order to convict

Question 17

Burden of proof

Answer 17

is on the prosecution to prove that the AR and MR were both there when the offence was committed

Question 18

Raising a defence

Answer 18

• if D wishes to raise a defence they can but it must be valid
• there are some other exceptions where the burden of proof is on the D where defences have been created by statute
• in certain cases, such as pleading insanity, there is a reverse onus on the defendant to prove their case