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Unit 1 AOS2 - THE PRESUMPTION OF INNOCENCE
Fichas del conjunto (19)
- 1Name 2 purposes of criminal law.- Protect individuals.
- Protect property.
- Protect society.
- Maintain public order and security.
- Protect justice and the rule of law.
- Protect rights and cultures.
- Improve society. - 2Define the presumption of innocence.The right of a person accused of a crime to be presumed and treated as innocent until they are proven guilty of a crime beyond a reasonable doubt.
- 3Name 3 ways the presumption of innocence is protected.- Burden of proof.
- Standard of proof.
- Bail. - 4What is the burden of proof?The prosecution's responsibility to present evidence supporting the accused's guilt.
- 5What is the standard of proof?The standard at which proof must be in order for a court case to be "won". The standard is "beyond reasonable doubt".
- 6Define "mens rea".Translates to "guilty mind" and is the mental component of a crime.
- 7Define "actus reus".Translates to "guilty act" and is the physical component of a crime.
- 8What is a strict liability crime?A crime that does not involve mens rea and as such does not require proof of conscious intent.
E.g; intoxicated driving, failing to display P plates, airport fare evasion - 9What is the age discretion?Below 10 = cannot be charged.
10-13 = must take into account the legal principle of doli impax. Proof is required to prove the child's capability of having mens rea.
Over 14 = is charged as an adult. - 10Define "summary offence".A minor offence often heard in the Magistrate's court.
E.g; drink driving, defacing property - 11Define "indictable offence".A major offence often heard in the County or Supreme courts.
E.g; homocide, treason - 12Define "principle offender" in legal terms.A person who has directly committed the actus reus of the crime or assisted/encouraged the offence.
- 13Define "accessory" in legal terms.A person who interferes with the apprehension or prosecution of an offender of an indictable offence, but was not directly involved in committing the crime.
- 14What are the 6 elements of murder?1. The killing was unlawful.
2. The victim was a human being.
3. The accused is over the age of discretion.
4. The accused caused the victim's death.
5. The accused was of sound mind.
6. There was malice aforethought. - 15What are the 5 main defences to murder?1. Self-defence.
2. Mental impairment.
3. Duress.
4. Sudden or extraordinary emergency.
5. Involuntary actions. - 16How have murder laws developed?Murder was originally a common-law offence, however, it developed into statute law over time.
- 17How does murder impact the offender?- Guilt or shame.
- Legal costs.
- Impact on family's social status and finance.
- Custodial sentences. - 18How does murder impact the victim and their family?- Loss of life.
- Trauma, grief, mental illness.
- Funeral and legal costs.
- Loss of trust in law. - 19How does murder impact society?- Cost of publically funded medical treatment.
- Increased need for emergency services.
- Loss of workplace productivity.
- Loss of trust in law.
Información
- Descripción
- Unit 1 AOS2 revision for Year 11 SAC.
- Creado por
- asher a · abr 2022
- Actualizado
- 23 may 2022
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