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Legal AOS2 - Coggle Diagram
Legal AOS2
Key Concepts in Criminal Law
The Purpose of Criminal Law
Criminal law refers to laws made by judges and by parliament that aim to prevent society form harm
Protects an individual from harm, and assist society in living peacefully
Deters criminals by way of sanction and fines
Minimum standards of behaviour are codified through laws and upheld by punishment of offenders
The Presumption of innocence
Refers to all people being innocent to proven guilty
Accused does not need to provide evidence
Right to remain silent
No prior convictions considered
Right to legal representation
Presumption of innocent is explained to jury
Excpetions to the presumption of innocent is
Being a child
Suffering to repeated violence while in custody
Key concepts of criminal elements
actus Reus
mens Rea
Strict liability refers to offences when mens Rea can be discarded
Speeding
Running a red light
Refusing a breath test
Mens Rea can't be proven under special circumstances, Dolci Incapax.
Burden of proof
Standard of proof
Criminal offence and offenders
Type of Crimes
Crims against person
Manslaughter
Murder
Rape
Kidnapping
Crimes against property
Theft
Bulgary
Fraud
Trespass
Participants in crime
Principal offenders are those immediately linked to the crime
There may be multiple principle offenders
Accesories refer to those who help a fugitive
Summary and indictable offences
Summary offences are less serious
Tatooing a minor
Disorderly conduct
Indictable offences are more serious
Murder
Manslaughter
Indictable offences heard summarily refer to indictable offences heard like a summary offences