UNIT 1 AOS 2 the presumption oof innocences Flashcards
laws
legal rules made by a legal authority that are enforceable by the police and other agencies
social cohesion
a term used to describe the willingness of members of a society to cooperate with each other inorder to survive and prosper
criminal law
an area of law that defines behaviours and conducts that are prohibited and outlines sanctions for people who commit them
crime
a crime is defined as an act or omission that is
-against an existing law
-harmful to an individual or society
-punishable by law
sanction
a penalty imposed by a court on a person guilty of a criminal offence
parliament
a formal assembly of representatives of the people that is elected by the people and gathers to make laws.
victimless crime
an offence which involves the offender and where no direct harm is suffered by a victim
standard of proof
the degree/level/extent to which a case must be proven in court by the prosecutor
prosecution
the party who imposes a penalty on the accused
burden of proof
on the prosecution - the prosecution must prove the guilty, the accused doesn’t need to prove their innocence.
presumption of innocents
the right of a person accused of a crime to be presumed not guilty unless proven otherwise
beyond reasonable doubt
the standard of proof in criminal cases. this requires the prosecution to prove there is no reasonable doubt that the accused committed the offence
standard of proof
the degree or extent to which a case must be proved in court.
prosecution
a party that institutes criminal proceedings against an accused on behalf of the state. the prosecution team includes the prosecutor
accused
a person charged with a criminal offence but has not been found guilty or pleaded guilty
burden of proof
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)
plaintiff
the party who makes a legal claim against another party in a court
balance of probabilities
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
bail
the release of an accused person from custody on condition that they will attend a court hearing to answer the chargers.
actus reus
a latin term meaning “a guilt act” the physical element of the crime
mens rea
a latin term meaning “a guilty mind” the mental element of the crime (an awareness that the conduct is criminal)
strict liability
when culpability or responsibility for committing a crime can be established without having to prove there was mens rea.
doli incapax
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
cyber crime
a criminal offence in which the use of computer
prejudice crime
a criminal offence motivation by prejudice, intolerance and bias towards the victim.
community correction order
a flexible non-custodial sanction does not involve imprisonment. the offender serves in the community with other regulations
guilty plea
when an offender formally admits guilt, which is then considered by the court when sentencing
organised crime
a criminal offence undertaken in a planned and ongoing manner by organised gangs
royal commissions
highest form of inquiry into matters of public importance and concern
white collar crime
a criminal offence undertaken by people working for the government, in business or in the corporate world
indictable offence heard and determined summarily
a serious offence that is dealt with summarily in the court
Principal offender
a person who has carried out the acts reus and has therefore committed the offence
accessory
a person who does an act to help another person commit a serious indictable offence
indictable offence
a serious offence heard by a judge and jury in the country court or supreme
summary offence
a minor offence generally heard in the magistrates court
mental impairment
a condition of ones mind which affects there ability to understand the nature of their crime, and that the conduct was wrong
secure treatment order
a sanction that requires the offender to be compulsorily detained and receive treatment at a mental health facility
duress
a defence of s crime as the accused has been threatened to inflict death or face significant injury
reasonable belief
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
automatism
a defence to murder as an unconscious or involuntary actions
murder
murder is the unlawful and intentional killing of a human being by a person who acted voluntarily and without any lawful jurisdiction
capable driving causing death
“Causing death by dangerous or careless driving” refers to driving recklessly or negligently, resulting in someone’s death.
causation
the direct relationship between to events where 1 event was the direct effect of effect 2
what is the purpose of criminal law
to protect individuals, society, property, and to promote justice.
how does criminal law achieve its purposes
establishing law, enforcing law, deciding who is guilty, and imposing sanctions of offenders.
different ways the presumption of innocence is protected
-burden of proof on the prosecution
-standard of proof
-right to legal representation
-right to an appeal
list the general defence to crime
-self defence
-mental impairment
-automatism
-intoxication
-accident
-duress
sudden or extraordinary emergency
self defence of murder
the accused believed that heir actions where necessary to protect themselves or another person from death or significant injury
duress as a general defence to murder
the accused must be under a threat to inflict death or significant serious injury
