Purpose of Criminal Law
What is one key purpose of criminal law?
To protect individuals from physical or psychological harm caused by others.
What does the presumption of innocence mean?
An accused person is considered innocent until proven guilty.
What is actus reus?
The guilty physical act of a crime.
What is the burden of proof?
The responsibility to prove that the accused committed the crime.
What is the minimum age of criminal responsibility in Victoria?
10 Years Old
What purpose of criminal law involves offenders getting in trouble for wrongdoing?
Punishment.
Which party must prove the accused committed the crime in a criminal case?
The prosecution.
What is mens rea?
The guilty mind or intention to commit a crime
Which party carries the burden of proof in criminal trials?
The Prosecution
What does the Latin term doli incapax mean?
Incapable of wrongdoing.
What purpose of criminal law aims to discourage people from committing crimes?
Deterrence.
Why is the presumption of innocence important in criminal trials?
It protects individuals from being treated as guilty before the court proves the case.
What two elements must usually be proven for a crime to occur?
Actus reus and mens rea.
What is the standard of proof required in criminal cases?
Beyond reasonable doubt.
Which age group does the presumption of doli incapax apply to?
Children aged 10–13.
What purpose of criminal law aims to reform offenders so they do not reoffend?
Rehabilitation.
What standard of proof must the prosecution reach to prove guilt in a criminal case?
Beyond reasonable doubt.
If a person commits an act accidentally without intention, which element of a crime may be missing?
Mens Rea
What does “beyond reasonable doubt” mean?
The evidence must strongly convince the court that the accused is guilty
What must the prosecution prove to convict a child aged 10–13 of a crime?
That the child understood their actions were seriously wrong
What purpose of criminal law involves removing offenders from society?
Protection of the community.
What does the presumption of innocence mean about the accused proving their innocence?
The accused does not have to prove their innocence.
Why must both actus reus and mens rea normally be proven in criminal cases?
To show that the accused both committed the act and intended to commit the crime.
What happens if the prosecution fails to reach the standard of proof?
The accused must be found not guilty.
Why does the law include the principle of doli incapax?
To protect children who may not fully understand the seriousness of their actions.