Rules and Theory (OCR A-Level Law): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
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Practise the cards
10 cards from this deck
Burden of proof in criminal law
Burden of proof in criminal law
Prosecution must prove guilt, not defendant proving innocence
Standard of proof in criminal law
Standard of proof in criminal law
Beyond all reasonable doubt
Reverse onus definition
Reverse onus definition
Defendant must prove innocence or establish a defence
Standard of proof when reverse onus applies
Standard of proof when reverse onus applies
Balance of probabilities (civil standard)
Mill's harm principle
Mill's harm principle
Harm to others is only justifiable basis for criminal liability
Paternalism in criminal law
Paternalism in criminal law
State justified in protecting individuals from harm to self
Legal moralism (Devlin)
Legal moralism (Devlin)
Immoral conduct should be criminalised for social cohesion
Autonomy in criminal law
Autonomy in criminal law
Capacity to make free choices & bear responsibility for them
Fair labelling principle
Fair labelling principle
Crimes defined to reflect their wrongfulness & severity
Correspondence principle
Correspondence principle
Intended/foreseen result should match actual result