32 Questions
What is the primary focus of substantive criminal law?
The examination of the circumstances surrounding the crime and its effect on the victim
What is the traditional justification for criminalisation?
The prevention of harm to others
What is the aim of the court when interpreting an imprecise offence or defence?
To identify the mischief that the offence was designed to target
What was the outcome of the case of Wilson, who branded his initials on his wife's buttocks with a hot knife?
The court ruled that the wife's consent was not valid and D was liable
What is the term used to describe the harm or wrongdoing that an offence is designed to target?
Mischief
What is the primary consideration when determining what should be criminalised?
The impact on the victim's autonomy
What is the purpose of evaluating the effectiveness of an offence?
To assess whether the offence definition targets the identified mischief and avoids overly broad criminalisation
What is the main difference between criminal and civil law?
Criminal law focuses on punishment, while civil law focuses on compensation
What is the role of the Crown Prosecution Service (CPS) in the criminal justice system?
To prosecute on behalf of the state and review evidence gathered by the police
What is the burden of proof in criminal cases?
Beyond a reasonable doubt
What is the purpose of sentencing guidelines?
To guide judges in determining appropriate sentences
What is the role of the police in the criminal justice system?
To investigate suspected offences and gather evidence
What is the role of the defence in a criminal trial?
To raise a reasonable doubt in the prosecution's case
What is the composition of a jury in a crown court trial?
12 people
What is the purpose of the sentencing council?
To provide detailed guidelines for sentencing
What is the difference between a criminal and civil case?
Criminal cases involve the state, while civil cases involve private parties
What is the actus reus of the crime of battery?
Making unlawful physical contact with another
What is the purpose of the principle of fair warning?
To provide clear communication of the law to the public
What is the mens rea of an offence?
The state of mind or fault that the defendant must have when committing the offence
What is the principle of autonomy primarily concerned with?
The autonomy of a potential offender
What is the purpose of the principle of fair labelling?
To ensure accurate correlation between the name of an offence and the conduct it criminalises
What are the two core elements of the defence of self-defence?
That the defendant acted with an honest belief in the need for preventative force and that the force used was reasonable
What is the role of the jury in a criminal trial?
To decide on matters of fact only
Who is responsible for summing up the facts and directing the jury on the law in a trial?
The judge
What is the standard of proof required for the prosecution to prove a defendant's guilt in a criminal trial?
Beyond a reasonable doubt
What is the purpose of the reverse burden of proof in a criminal trial?
To shift the burden of proof from the prosecution to the defendant
What is the role of the doctrine of precedent in the criminal court structure?
To interpret the law more predictably
What is the primary source of law for a statutory offence in England and Wales?
Statutory law
What is the purpose of the Human Rights Act 1998 in relation to the European Convention on Human Rights?
To allow the ECHR to be applied directly in domestic courts
What is the role of the Law Commission in relation to the reform of criminal offences and defences?
To provide a powerful and persuasive influence on the reform of criminal offences and defences
What is the actus reus of an offence?
The wrongful act or consequences required for liability
What is the function of a code in relation to criminal offences and defences?
To bring together all the major criminal offences and defences in a single document
Explore the principles of criminal law, focusing on the substantive aspects of criminalisation. Delve into the theories that justify criminalising certain behaviours and actions. Analyse the concepts of harm and its impact on victims.
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