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Criminal Law Notes

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CRIMINALLAWS General concepts and principles • Actus reus (physical element), act, omission, cause • Mens rea (mental element), intention, recklessness, negligence, strict liability, absolute liability • Criminal offences are prohibited and are prosecuted/punished by the state. • In criminal law, the burden (or onus) of proof is on the prosecution. The accused is presumed to be innocent until and unless the prosecution can prove them guilty. • The standard of proof - ‘beyond reasonable doubt’ Defining crime • Regulatory offences are prosecuted by the state, but not necessarily police, and the penalties are often less severe (e.g. pollution, unfair business practices, parking offences.)

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22 Pages Complete Study Notes > 2 Years old
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Topics this document covers:
Criminal law Common law Elements of crime English criminal law Forensic psychology Crimes Mens rea Manslaughter Crimes Act Fault Murder in English law Intention
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Topics this document covers:
Criminal law Common law Elements of crime English criminal law Forensic psychology Crimes Mens rea Manslaughter Crimes Act Fault Murder in English law Intention
Sample Text:
• In criminal law, the burden (or onus) of proof is on the prosecution. The accused is presumed to be innocent until and unless the prosecution can prove them guilty. • The standard of proof - ‘beyond reasonable doubt’ Defining crime • Regulatory offences are prosecuted by the state, but not necessarily police, and the penalties are often less severe (e.g. pollution, unfair business practices, parking offences.) Guilt and innocence • Legislatures and courts are regularly confronted with the argument that a person who has engaged in prohibited conduct (actus reus) should not be convicted unless they were at fault in that they realized what they were doing and appreciated the...
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