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20 Cards in this Set
- Front
- Back
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What are two examples of lawful homicide?
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Self Defence and Accident.
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List the three categories of unlawful homicide we have looked at so far.
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• Muder
• Manslaughter • Culpable Driving |
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Explain in your own words, the key elements of 'murder'.
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• Intent to kill
• The killing was unlawful • The victim was human • The killer was over 10 • Causal link |
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What is meant by malice aforethought?
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Malice aforethought is when a death occurs but there was no intent.
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What are the two types of manslaughter?
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Voluntary and Involuntary.
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Explain your understanding of 'culpable driving' with at least one example.
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Culpable driving is when you drive recklessly, negligently or whilst under the influence of drugs or alcohol and causing a death.
E.g speeding and passenger killed. |
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In a kidnapping case is it essential for the crown to prove that a ransom demand was actually made? Explain.
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No, it is not essential for the crown to prove that a ransom was made. To be charged with kidnapping you only have to have the intent to demand a ransom but no demand has to be made.
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What are the four elements of a crime?
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• Harmful to society
• Punishable by the state • Against the criminal law • Against morality |
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Explain the 'Pressumption of innocence'.
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It states that the accused is presumed to be innocent until it has been proven guilty by a court.
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Outline your understanding of:
The burden of proof |
The duty of proving the case in a court of law.
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Outline your understanding of:
The standard of proof |
This is when the accused must be established 'beyond reasonable doubt'. This means that if all the prosecution can do it prove that the accused if possibly guilty or there is any doubt in their mind, they must be proven innocent.
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What is an example of lawful homicide?
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Self Defence
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Explain your understanding of murder.
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Murder is the unlawful killing of another person with malice aforethought, by a person who is 10 years or older and of sound mind.
There must be a causal link between the act and the death. |
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Explain your understanding of manslaughter.
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Manslaughter is where death occurs but without malice aforethought.
There are two types of manslaughter, Voluntary and Involuntary. |
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Explain the difference between kidnapping and abduction.
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Abduction is when a person takes or detains another person against their will with either the intent to marry them or the intent to have sex with them.
Kidnapping is when a person takes away another person with the intent to demand a payment. |
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What are the different classes of 'participants' of a crime such as murder?
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Principal Offender: Person who actually commits the crime.
Accessory Before the Fact: Person who helps plan and encourages the crime but is not present when crime is committed. Principal in Second Degree: Person who helps in the commission of the crime. E.g distracting the shop assistant while another person steals. Accessory After the Fact: Anyone who helps after the crime has taken place. E.g drives the getaway car or hides the evidence. |
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Describe your understanding of two possible defences to murder.
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Battered Woman Syndrome: You can plead this as a defence if you have suffered a history of mental, physical and emotional abuse by your partner.
Accident: You can plead this as a defence if you had no control or it was the expected result of a lawful act. |
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What is a example of a criminal offence against property.
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Burglary
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Outline the four facts which must be proven by the prosecution in a case of alleged theft.
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• Dishonesty
• Appropriation • Has to belong to someone • Intention to permanently deprive them of it |
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Explain the difference between the offence of burglary and offence of robbery.
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Burglary does not involve stealing whereas robbery does.
For burglary you only have to be in the building, trespassing with the intent to steal. For robbery, you actually have to take something. Robbery also includes using force on another person. Burglary doe not. |
