legal U1 AOS2

Cards (9)

  • elements of a crime
    general principle of law there is no guilty act without a guilty mind
  • standard of proof
    beyond reasonable doubt
  • burden of proof
    on the prosecution to prove, it holds the presumption of innocence as it is not the responsibility of the accused to prove their innocence, in theory an accused person doesn't need to say or do anything in their defence silence is not to be taken as an admission of guilt, in reality the accused will do whatever they can to contest the charge and counter the prosecutions defence.
  • actus reus
    refers to the principal element of the crime, the act that a person needs to be found guilty of an offence, the nature of the act will depend on the nature of the crime
  • mens rea
    refers to the mental element of the crime, the persons state of mind when they engaged in the action (actus reas)
  • the standard of proof
    refers to the amount of evidence needed to prove a legal case (either the guilt of the accused in a criminal case or the liability of the defendant in a civil case), in a criminal case the prosecution must prove the case beyond reasonable doubt meaning if the jury have a reasonable doubt (i.e sensible or realistic doubt) they can not convict the accused
  • summary offence 

    summary offences are minor criminal offences generally heard in the magistrates court before a single magistrate. due to minor nature they can be heard even if the accused isn't there .
  • elements to theif
    appropriating, property, belonging to another, permanently depriving,
  • elements to murder
    unlawful killing, person, causation, sound mind, over the age of criminal responsibility