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56 Cards in this Set
- Front
- Back
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Criminal Law
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a set of statutes and rules which deal with crimes and their punishments.
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Criminal Code
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The criminal code is a compilation of government laws that outline a nation's laws regarding criminal offences.
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Summons
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A written notice for a person to appear before court for the crimes which they have committed.
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Verdict
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The decision given by the judge , according to his ratio decendi, whether it be guilty or not guilty.
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Innocent Until proven Guilty
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The legal concept that the guilt of an accused person cannot be presumed and that they must be assumed to be innocent until proven otherwise. This is so that they can achieve a fair, equal and just trial.
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Onus of proof
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The responsibility/role given to the prosecution in which they must prove reasonable doubt upon the accused.
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Standard of Proof
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The amount and quality of evidence which is required by the prosecutor to prove beyond a reasonable doubt.
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Reverse onus of proof
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The responsibility/role given to the accused to prove his own innocence at the time of the incident.
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Indictable vs Non-indictable offences
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indictable offences are ones which involves serious crimes, and are punishable by jail. Non-Indictable offences are minor crimes, which are paid by fines or community service.
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When would a persons previous criminal history be recorded in a trial?
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previous criminal history would be relevant where a crime of the same manner has occurred , and they can used the accused criminal record to make judgement on the current similar case.
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What is cross-examination
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Cross examination is the opportunity for attorneys to ask questions in court over a witness or evidence, both prosecution and defense examine evidence.
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What happens if the defense does not call evidence in a criminal trial?
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If defense has no evidence then the jury will be discharged and the decision will turn to the judge and how would would like to continue and how the accused would be sentenced.
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What is bail? why is it granted?
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The temporary release of an accused person awaiting trial, on the condition that he follow bail conditions. This can be used to plan there case with their lawyer .
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Once arrested/charged , the law requires they they go to court as soon as reasonably possible
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because the accused has a right to not be waiting and to go to court as soon as they can, they also have a right to defend themselves.
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Murder
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Murder is to kill another person unlawfully, which will result in death of a person due to the accused’s actions. Murder is the intent to kill someone, meaning that is premeditated.
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Manslaughter
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Manslaughter is the unlawful killing of another in circumstances that do not amount to murder. As there was no intention to kill and that it was almost an accident or unintentional.
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Assault one
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This is the actual application of force by striking , touching , moving or applying force of any kid to the person of another, directly or indirectly without consent or if the consent is obtained by fraud.
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Assault two
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d) Assault two is the bodily or gesture to another person. Attempts or threatening to apply force of any kind to the person of another , without express or implied consent. Where there is an actual or apparent present ability to effect that purpose. SO basically when someone makes a threat to someone , implying that they may cause harm to them
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Greivous Bodily Harm
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In order to be grievous bodily harm, they must have cause an injury that amounts to grievous bodily harm to another person unlawfully. Grievous bodily harm is an injury which will be permanent, or cause disfigurement.
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Possession of drugs
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To be charged with the possession of drugs you must have drugs in your possession unlawfully to be charged with the crime. If you had no knowledge of the drugs there you cannot not be held accountable for something you didn't know about.
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drug trafficking
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A person who carries on a business, to gain a profit from selling drugs, when this is done at a commercial level than it is a even more serious crime.
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permitting use of drugs
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People who permit their premises to be used for drug crimes are guilty themselves of an offence. Reversed onus of proof can be used for the accused prove their innocence, that they had no knowledge of the drugs, nor suspected that drugs were on their property.
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producing drugs
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It is an offence to produce drugs or do anything to help the process of producing drugs.
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Stealing property
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be charged with stealing you must have be taking or converting property of another with fraudulent intent. If there is no intention of returning the object then it is considered stolen. To be stolen the object must be physically moved.
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theft
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this is not a criminal offence as there is no offence called theft. This offence is not punishable by criminal conviction meaning that punishment is either fines or community service.
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Burglary
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burglary is an offence committed at night time which have the possible outcome of life sentencing. This is because it is much more serious as the person is entering the building with full knowledge that the owners are most likely asleep or vulnerable.
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Break and enter
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break and enter can be defined as much as pushing a window open or turning the door knob, no damage to the property or person needs to be done for this to be break and enter, break and enter is during the day.
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House breaking
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The act of using physical force to gain access to, and entering, a house with an intent to commit a felony inside.
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robbery
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to steal, using threats or the actual use of violence, it is different from stealing as it requires an additional requirement of violence in order to obtain the stolen thing.
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recieving
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Is the offence of receiving property knowing, believing or suspecting that it has been obtained by means of an indictable offence.
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property offences- arson
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to willfully and unlawfully set fire to things such as buildings. To be deliberately setting fire to specific things.
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stalking
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the repetitive actions which are intentionally directed at the stalked person, making them feel uncomfortable and fear of the stalked person.
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Extraordinary emergency
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circumstances of sudden or extraordinary emergency when an ordinary person would reasonably be expected to act in the same way.
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Insanity
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a state of mental disease , which deprives him of the capacity to understand what he is doing, or of the capacity to control his actions or to know that he ought not to do the act.
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diminished responisbility
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when a person is in an abnormal state of mind in which the person has substantial impairment
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Compulsion
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Also know as duress. Pressure has been put upon you to do something you would not have normally done.
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intoxication
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An accused may plead intoxication if his/her mind was so disordered by drugs or alcohol that he/she was deprived of the capacities similar to insanity. It can only be used if has been unintentional and not their own fault.
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ignorance of law- bona fide claim of right
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not an excuse unless you honestly believed you had the claim of right and without intention to defraud.
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accident
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not criminally responsible for event which is not intended, not foreseen and not reasonably foreseeable by any ordinary person.
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immature age
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a person under the age of ten years is not criminally responsible for any act of omission, meaning they are legally incapable of committing any offence. A person under the age of 14 is also not criminally responsible unless it is proved at the time the child had the capacity to understand what he/she was doing.
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mistake of fact
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A person who does a honest and reasonable act under a mistaken belief in the existence of any state of things is not criminally responsible .
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provocation
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Provocation is when the accused has been provoked, that he/she was not in control of their ordinary feelings or mindset and have taken radical actions that any other ordinary person would have taken.
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self-defense
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that a person should be able to defend themselves if they are attacked. That the person must use a reasonably necessary force in response to being attacked.
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what ages are children criminally responsible
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children are criminally responsible beyond the age of 10, but if they are 14 or younger it must be proven that at that time the child did not know right from wrong.
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What are laws regarding police investigation of children
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A guardian must be present for the investigation of a child.
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police powers/citizens rights. search and seizure of property
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Police are allowed to search when there are reasonable grounds for suspecting that relevant evidence for an offence can be found at a particular place. In most cases police need a warrant issued by the judge.The citizen does not have to let the police officer to search their property if they have no warrant or if they have no reasonable belief to do so.
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police powers/citizens rights. Search of property( simple)
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Searches conducted in public should be limited to outer garments.the citizens don’t have the right the refuse, but can ask to move the search.
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police powers/citizens rights. Search of person ( intimate)
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More intimate searches are to be conducted in private , by a police officer of same sex or a medical practitioner under the direction of a police officer.Citizens cannot refuse to this search , but can ask for a person from same religion to search them.
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police powers/citizens rights. Road side breath testing
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In some cases the police is required to have reasonable belief that an offence has been committed. However most commonly no suspicion is required, as long as the officer is acting in good faith the test will be faithful. Citizens have no right to refuse a roadside breath test if the cop pulls them over.
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police powers/citizens rights.identification
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A police officer can require a person to identify himself or herself in a range of circumstances. The citizen must answer only there name any address and do not have to consent to any other questions.
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police powers/citizens rights for Arrest . when actually making the arrest
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the police officer should use clear words, such as " I arrest you", to make it plain to the person that they are under arrest. The police must indicate reason for arrest. He must also state his own information, name , rank and serial number.
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police powers/citizens rights for Arrest. arrest with warrant
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A warrant will be allowed if there is reasonable grounds for issuing the warrant .The officer must have reasonable suspicion that an offence has been committed, this provides the officer with good protection against a charge of unlawful arrest.
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police powers/citizens rights for Arrest. arrest without warrant
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The only way for a police officer to arrest without a warrant is if they have reasonable suspicion that person has committed or is committing a crime.
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police powers/citizens rights for Arrest. Summons
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The other way an accused person may be brought before a court is by the issue of a summons.
A summons is a document ordering a person named in it to appear at a certain court at a certain time. Citizen cannot ignore the summons, as it is illegal |
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police powers/citizens rights for Arrest. Answering questions.
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There is no legal duty for citizens to answer questions asked by police officers. The police must remind the person being questioned does not have to say anything, the meranda rights.
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police powers/citizens rights for Arrest. special protection
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some people are in society are seen as needing additional protection in the pre-trial processes of the criminal law. This is so that there is no disadvantages or that they are not treated unfairly.
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