Structure of Criminal Offence; Actus Reus I Flashcards
1st Lecture
Define ‘Criminal Law’
State response to perceived ‘wrongdoing’; defining what should be ‘criminal’
Define ‘Civil Wrongs’ or ‘Torts’
Causes harm to another person by violating a protected right
What is private prosecution?
Stated by a private individual rather than a police/authority
What does Whalley argue about private prosecutions?
No need for private prosecutions; state is needed to make these decisions
How does Lord Mance’s argument contrast against Whalley?
He argues that priv.pro allows safeguarding against wrongful refusal or failure of prosecuting authorities
The overriding objective can be useful for criminal cases to be dealt with ‘justly’. How?
- Ensures guilty is convicted and innocent accquited
- Treats/deals with both sides fairly
- Can lead to right results and conclusion
Name the different types of courts and how they differ.
- Magistrate Court: cases start, tried by lay magistrates or district judges (‘ordinary people’, unqualified, not paid, county courts, part-time)
- Crown Court: more serious cases tried by High Court Jury
- High Court: appeals from magistrate’s court
- Court of Appeals: hears appeals, against conviction and sentence from Crown Court
- Supreme Court: hears appeals from Appeal and High Court, with points including ‘general public importance’
What are the different roles involved in criminal courts?
- Police: gather evidence and arresting suspects
- Crown Prosecution Service (CPS): claims if there’s enough evidence and to decide on charges (confirm convicted) (interactions with police can sometimes cause friction due to disagreements)
- Complainant: person who makes complaint about crime
Why is the term ‘victim’ controversial in comparison to the term ‘complainant’?
- Presupposes defence being commited (what if it’s not true?)
- People don’t like this term as it can refer to helplessness
What is the ‘defendant’?
Person who is accused of committing the crime (can refer to adults 18+, young people over the age of 10, corporations who can be punished through fines)
How is a decision made for a prosecution to happen?
- Gathering sufficient evidence with a realistic prospect of convicting (Evidential stage)
- Gaining interest from the public (Public Interest stage)
Name the 3 key principles needed in order to underpin English criminal trials.
- Presumption of the innocence: guilty until proven innocent
- Burden of proof: who has to prove?
- Standard of proof: how much evidence needed?
What are the different sentencing methods used against the convicted?
- Punishment (e.g., capital)
- Deterrence (preventing people recommitting acts, prison)
- Reforming (improving the convicted)
- Reparation (‘payback’ to people affected)
(Burden and standard of proof) What is the difference between prosecution and defence?
- Prosecution: all elements of offence proven for court to be sure (‘beyond reasonable doubt’)
- Defence: reasons to excuse certain acts/behaviours
How could you find the law?
- Statutes (dating back from 19th century and therefore difficult to interpret)
- Cases (normally with transcripts and headnotes)
