An Overview of Criminal Law (VCE SSCE Legal Studies): Flashcards

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An overview of criminal law
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Criminal law definition

Law defining prohibited conduct & outlining penalties

Primary function of criminal law

Protect the community as a whole

3 criteria for an act to be a crime

Breaks law, harms individual & society, punishable by law

Omissions in criminal law

Failures to act when there is a legal duty to do so

Presumption of innocence

Accused assumed not guilty until proven guilty

Burden of proof in criminal cases

On the prosecution to prove guilt

Standard of proof in criminal cases

Beyond reasonable doubt

Summary offences

Minor offences heard in Magistrates' Court

Indictable offences

Serious offences heard in County/Supreme Court with jury

Most severe sanction

Imprisonment (sanction of last resort)

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