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2023 Legal Studies
AOS 2 Presumption of Innocence
Lesson 03
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Created by
Kirsten Le
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Cards (10)
Key concepts
Strict
liability
Elements
of a
crime
(mens rea/actus reus)
Burdern
of
proof
Standard
of
proof
The
age
of
criminal responsibility
Burdern of proof
Which
party
has the
responsibility
to prove the
facts
of the case.
In criminal cases- prosecution
Standard of proof
Standard (
strength
) of
evidence-
the degree to which an allegation must be proven
Criminal-
beyond
reasonable doubt
Jury
will decide on
guilt
Elements of a crime
Actus
reus
Mens
rea
Mens rea
Person's state of
mind
when they were engaging in the
actions
(or
omissions
)
Actus reus
Physical
element
Actions
or
omissions
that a
person needs
to
engage in
Identifying elements of a crime
For a person to be found
guilty
, the
prosecution
must
prove
all
elements
of the
crime
beyond
reasonable doubt
Strict liability
No
mental
element
(mens rea) in their legal definition
Sufficient for a person to commit the act with no
mens
rea
Criminal age of responsibility
The
age
a
person
must be to be
charged
with
a crime
Ages of Criminal responsibility
<
10
cannot be charged
10-13 prosecution
can prove child knew at the time of the
crime
their
actions
were
wrong
(mens rea)
14
+
criminally liable
for their
actions