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legal studies year 11 > UNIT 1 AOS 2 the presumption oof innocences > Flashcards

UNIT 1 AOS 2 the presumption oof innocences Flashcards

1
Q

laws

A

legal rules made by a legal authority that are enforceable by the police and other agencies

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2
Q

social cohesion

A

a term used to describe the willingness of members of a society to cooperate with each other inorder to survive and prosper

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3
Q

criminal law

A

an area of law that defines behaviours and conducts that are prohibited and outlines sanctions for people who commit them

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4
Q

crime

A

a crime is defined as an act or omission that is
-against an existing law
-harmful to an individual or society
-punishable by law

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5
Q

sanction

A

a penalty imposed by a court on a person guilty of a criminal offence

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6
Q

parliament

A

a formal assembly of representatives of the people that is elected by the people and gathers to make laws.

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7
Q

victimless crime

A

an offence which involves the offender and where no direct harm is suffered by a victim

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8
Q

standard of proof

A

the degree/level/extent to which a case must be proven in court by the prosecutor

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9
Q

prosecution

A

the party who imposes a penalty on the accused

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10
Q

burden of proof

A

on the prosecution - the prosecution must prove the guilty, the accused doesn’t need to prove their innocence.

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11
Q

presumption of innocents

A

the right of a person accused of a crime to be presumed not guilty unless proven otherwise

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12
Q

beyond reasonable doubt

A

the standard of proof in criminal cases. this requires the prosecution to prove there is no reasonable doubt that the accused committed the offence

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13
Q

standard of proof

A

the degree or extent to which a case must be proved in court.

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14
Q

prosecution

A

a party that institutes criminal proceedings against an accused on behalf of the state. the prosecution team includes the prosecutor

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15
Q

accused

A

a person charged with a criminal offence but has not been found guilty or pleaded guilty

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16
Q

burden of proof

A

the obligation of a party to prove a case. the burden of proof usually rests with the party who initiates the action (such as the plaintiff in a civil case and the prosecution in a criminal case)

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17
Q

plaintiff

A

the party who makes a legal claim against another party in a court

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18
Q

balance of probabilities

A

the standard of proof in a civil disputes. this requires the plaintiff to establish that it is more probable than not their claim Is true

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19
Q

bail

A

the release of an accused person from custody on condition that they will attend a court hearing to answer the chargers.

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20
Q

actus reus

A

a latin term meaning “a guilt act” the physical element of the crime

21
Q

mens rea

A

a latin term meaning “a guilty mind” the mental element of the crime (an awareness that the conduct is criminal)

22
Q

strict liability

A

when culpability or responsibility for committing a crime can be established without having to prove there was mens rea.

23
Q

doli incapax

A

latin term meaning in capable of evil and refers to the principle in Victoria that a child in-between 10 and 13 years is presumed to be incapable of forming mens era as they do not have the intellectual or moral capacity

24
Q

cyber crime

A

a criminal offence in which the use of computer

25
Q

prejudice crime

A

a criminal offence motivation by prejudice, intolerance and bias towards the victim.

26
Q

community correction order

A

a flexible non-custodial sanction does not involve imprisonment. the offender serves in the community with other regulations

27
Q

guilty plea

A

when an offender formally admits guilt, which is then considered by the court when sentencing

28
Q

organised crime

A

a criminal offence undertaken in a planned and ongoing manner by organised gangs

29
Q

royal commissions

A

highest form of inquiry into matters of public importance and concern

30
Q

white collar crime

A

a criminal offence undertaken by people working for the government, in business or in the corporate world

31
Q

indictable offence heard and determined summarily

A

a serious offence that is dealt with summarily in the court

32
Q

Principal offender

A

a person who has carried out the acts reus and has therefore committed the offence

33
Q

accessory

A

a person who does an act to help another person commit a serious indictable offence

34
Q

indictable offence

A

a serious offence heard by a judge and jury in the country court or supreme

35
Q

summary offence

A

a minor offence generally heard in the magistrates court

36
Q

mental impairment

A

a condition of ones mind which affects there ability to understand the nature of their crime, and that the conduct was wrong

37
Q

secure treatment order

A

a sanction that requires the offender to be compulsorily detained and receive treatment at a mental health facility

38
Q

duress

A

a defence of s crime as the accused has been threatened to inflict death or face significant injury

39
Q

reasonable belief

A

an honest held opinion about the way things are, which would be seen by an ordinary person, in the same circumstances, to be sensible and correct

40
Q

automatism

A

a defence to murder as an unconscious or involuntary actions

41
Q

murder

A

murder is the unlawful and intentional killing of a human being by a person who acted voluntarily and without any lawful jurisdiction

42
Q

capable driving causing death

A

“Causing death by dangerous or careless driving” refers to driving recklessly or negligently, resulting in someone’s death.

43
Q

causation

A

the direct relationship between to events where 1 event was the direct effect of effect 2

44
Q

what is the purpose of criminal law

A

to protect individuals, society, property, and to promote justice.

45
Q

how does criminal law achieve its purposes

A

establishing law, enforcing law, deciding who is guilty, and imposing sanctions of offenders.

46
Q

different ways the presumption of innocence is protected

A

-burden of proof on the prosecution
-standard of proof
-right to legal representation
-right to an appeal

47
Q

list the general defence to crime

A

-self defence
-mental impairment
-automatism
-intoxication
-accident
-duress
sudden or extraordinary emergency

48
Q

self defence of murder

A

the accused believed that heir actions where necessary to protect themselves or another person from death or significant injury

49
Q

duress as a general defence to murder

A

the accused must be under a threat to inflict death or significant serious injury

legal studies year 11 (7 decks)

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