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Introduction to Criminal Law - Coggle Diagram
Introduction to Criminal Law
Crime Statistics are inaccurate
Police Reported Crime, only crimes reported to the police
Annual Crime Survey, Only covers crime age 10 and above and only includes those in households
Criminalization
Definition: Conduct that is considered criminal under the statute or common law
Varies from place to place, and era to era
e.g. homosexuality, Suicide (abolished by suicide act 1961), rape by husband (became one in 1992) Case study is R V R 1992.
Common law is also known as case law
Prohibited because it harms individuals or public interests
Even if it might only affect one individual, its seen an act public harm to society as it makes society less safe as a whole
It's hard to know what is considered criminal offense
Harm Principle; State interference justified when its necessary when harm is dealt to others in society, but doesn't include factors such as fear, shock or disgust
Offence Principle; Used for dealing with the factors not included in the harm principle, such as hate speech, racism, misconduct etc...
Distinguishing Criminal Law
Private Law
Example; Contract and Tort Law
They are called Civil cases
A individual sues another individual or body
Govern Privates Wrongs
Civil trials have findings; to figure if the defendant is liable, compensated through damages
Public Law
Example; Criminal Law
Prosecution is brought by the state/crown
Prosecutes a defendant
Concerned with the prosecution of conduct which have not met the standards behavior of its citizens
The result for public is a sentencing of guilty or not guilty(AKA acquitted)
Functions of Law
Setting Certain Standards and values of society
Criminal Law prohibits conduct that intrudes on the public
Criminal law is punitive and punishes for criminal conduct
A means of deterrence to make others comply with the law
Sources of Law
Statutes
Statutory offences e.g. theft and rape
Common Law
It's advantage is its ability to adapt to time
Case Law; law which has arise from past cases, e.g. Murder
Criminal Code
A comprehensive document of all criminal offences and defenses, proposed in 1989 BUT not adopted
Makes law more accessable
Removes ambiguity in common law
But it suffers from inflexibility
Classification of Offences
Classified by seriousness, 3 categories
Either Way
Medium seriousness, theft, wound, burglary
A trial hearing will occur in a magistrates court to see how serious the case is
If not so serious, goes to becomes summary offence
If serious, goes to crown court
Indictable
Most Serious cases, Murder, rape, manslaughter
Always tried in a crown court with a Jury
Maximum is life in Prison
Summary
Least serious, driving offences, Assualt
Punishments are fines and maybe short time in jail
Tried in Magistrates court, without jury. Max time in jail is 6 months
Criminal Justice Process
If crime is recorded or reported to the police, the following occurs
Investigation; Witness statements, CCTV, and find offender
Arrested and interviewed, if enough evidence they are charged and papers are sent to the Crown Prosecution Service(They decide whether the case should go through the trial process)
First Court appearance in Magistrates court, Charges are read out and defendants ID is confirmed and set date for trial
Trial occurs and prosecution must prove the defendant committed an offence, they call witnesses to do so. Defense makes an argument that prosecutor has failed to prove their case, or the evidence is too weak
Judge provide a summery to the Jury and they provide the verdict. If not guilty, defendant is acquitted. If guilty the defendant will be sentences, usually occurs on a later date
Burden and Standard of Proof
Prosecutor must prove each element of the offence to prove the defendant is guilty
This is because there is a presumption of innocence
Standard of Proof is called Beyond Reasonable Doubt
Has higher standards than civil cases
The stakes are higher, defendants future is on the line
State has the money to cover the cost of the trial
Elements of an Offense
Mens Rea
A Guilty Mind
Absence of a Defense
Actus Reus
The Guilty Act