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legal studies-crime

criminal terminology

TermDefinition
Defensive homicide where a person believes they were acting in self-defence but a cour finds the beliefs or actions of the accused unreasonable
homicide the killing of a person; murder, manslaughter, defensive homicide, infanticide and child homicide are unlawful homicides
Indictable offences more serious offences which can be heard before a judge and jury
Manslaughter a person can be charged with manslaughter ih or she was criminally negligent, or killed someone while conducting a dangerous and unlawful activity
Strict liability crime a crime where there is no need to prove intention to commit the crime
Strict liability crimes means that there is no necessity to prove intention to commit the crime for a person to be found guilty.
Summary offense - minor offence heard in the magistrates’ court.
Victimless crimes are crimes that harm no one else but the person committing the crime
Actus reus guilty act
Mens rea a guilty mind
Indictable offences heard summarily indictable offences can be heard in the magistrates’ court as if they were summary offences.
Indictable offences serious criminal offences that can be heard before a judge and jury
Presumed innocent until proven guilty
Summary offences minor criminal offences that are heard in the magistrates’’ court
Director of public prosecutions is responsible for bringing prosecutions in the county court, Supreme Court and high court on behalf of the state of Victoria.
Murder is the unlawful killing of another person with malice aforethought, by a person who is of the age of discretion and sound of mind.
Reversal of the onus of proof
Beyond reasonable doubt in criminal trails the prosecution must prove that the alleged offender is guilty of a crime beyond reasonable doubt.
Unanimous verdict
Majority verdict when 11 out of 12 votes of the jury is acceptable for criminal offences other than murder treason and commonwealth offences which only a unanimous verdict will be accepted.
Hung jury if an unanimous decision or majority verdict cannot be researched in a trail before a judge and jury, the jury is said to be a hung jury.
Rules of natural justice this is where everyone is given a reasonable opportunity to put forward their case and be heard by an unbiased, independent decision-maker.
Doli incapax is is also assumed that a child between the ages of 10 and 14 is mentally incapable of committing a crime.
Accused a person or offender who has been accused of a crime is referred to as the accused. Prosecution- the person proving the case on behalf of the state is the prosecution.
Accessory to a crime is any person who knowingly obstructs the apprehension, prosecution, conviction or punishment of the main offender of a crime.
Homicide is the killing of a person. Murder, manslaughter, defensive homicide, infanticide and child homicide, infanticide and child homicide are unlawful homicides.
Self- defense to claim self-defense is a two- step process. The accused must prove that the self-defence was necessary to protect themselves or another and had reasonable grounds for this belief.
The killing was unlawful the accused did not have a lawful reason for causing another person’s death.
The accused was a person of sound mind the accused’s actions must be voluntary, conscious and deliberate.
The accused caused the victim’s death the accused’s actions must contribute significantly and substantially to a person’s death.
Malice aforethought existed is the intention to commit the crime(a guilty mind or mens rea).
Causation unbroken link between the act of the accused and the death of the victim.
Attempted murder they attempt to commit a crime but fail in the process
Manslaughter is when a death occurs due to criminal negligence or an unlawful and dangerous act.
The accused was a person over the age of discretion the accused must be over the age of 10 years of age.
The victim was a human being the victim must be a human being not an animal.
Defensive homicide killing in self-defense but the court believes their actions were unreasonable.
Infanticide where a mother kills her child.
Child homicide is the killing of a child under the age of 6.
Defence of homicide Is when the accused does not specify a defense to a crime but attempts to show flaws in the case of the prosecution.
Automatism this defense is concerned with the involuntary actions that are not caused by a disease of the mind.
Defensive homicide defensive homicide is where the accused may believe they acted in self-defence but the court finds this belief not to be reasonable then that person will be found guilty of defensive homicide.
Duress when someone commits a crime to prevent another
Sudden or extraordinary emergency when someone actions are the only reasonable way with dealing with an emergency situation.
Metal impairment is where the accused was suffering from a mental illness at the time of the crime and as a result the person did not know what he or she was doing and did not know the conduct was wrong or could not reason or think about their conduct like an ordinary per
Created by: gra0042