The Meaning of Crime Flashcards
what is the meaning of crime
an act or omission that results in harm to society and the individuals in it, for which a punishment has been determined by law and is enforced by the state, including the court system or Commonwealth bodies
what is criminal law and what kind of crimes does it include
area of law that deals with crime and protecting society
- Criminal actions can include crimes against a person, the state and/or property
what is the aim of criminal law
To protect the community and to provide a sanction/ punishment to an offender who is found guilty and prevent certain behaviour which society feels is harmful, unacceptable, or undesirable
who is criminal law dealt between?
The state (aka the crown) and the offender (aka the defendant/ accused)
- in which cases are brought forward by the crown in an adversarial court of law, where two parties present their case to an impartial mediator and a jury
who decides how the offender is prosecuted?
The decision to prosecute the offender in court is made by the police and/or the Director of Public Prosecutions (DPP)
how does the prosecution (the crown) reach a conclusion with the case?
The crown must prove its case beyond reasonable doubt
- If any other reasonable conclusion besides proving the criminal charges can be drawn from the evidence, there is reasonable doubt
- If there is any doubt as to the guilt of the defendant, a ‘not guilty’ verdict must be given
summary: the burden of proof lies with the crown, which must prove guilt to a high standard (beyond reasonable doubt)
