Rules of criminal law: session 1 Flashcards

1
Q

What is the definition of criminal law?

A

Forbidden by state for which there is punishment

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2
Q

What are things that were considered criminal that have changed?

A
  • homosexual acts 1885 banning homosexual acts
  • sexual offences act 1967 decriminalisation if these acts for 21+
  • road traffic laws
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3
Q

What are reasons for things considered criminal changing ?

A
  • social view changing
  • technological changes
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4
Q

What is the role of the state?

A
  • issues regulations and acts of parliament
  • assign penalties for breach of law
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5
Q

Who prosecutes in criminal cases?

A
  • mainly crown court
  • private organisations like RSPCA in cases of animal abuse
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6
Q

What does conduct criminalised by judges mean?

A
  • When action is deemed illegal by judges ruling not parliament
  • judge creates new criminal offence through case law
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7
Q

What is an example of conduct criminalised by judges?

A

Shaw v DAPP: defendant published ‘ladies directory’ with addresses, names , photos, and names of services of prostitutes.

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8
Q

What is actus reus and mens rea?

A
  • actus reus: action that must happen
  • mens rea: mental element, intent
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9
Q

In a murder case what is the actus reus and mens rea?

A

Actus reus = killing of human
Mens rea = intent to kill

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10
Q

In a theft case what is the actus reus and mens rea?

A

Actus reus = appropriation of property
Mens rea = doing this dishonestly

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11
Q

What is a strict liability offence?

A

When defendant is held responsible for their actions without mens rea

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12
Q

What is an example of a strict liability offence?

A

Drunk driving

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13
Q

What are rules of defence and examples?

A

General defences available which can lead to not guilty verdict
- self-defence
- duress
- insanity

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