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Defining crime, the burden of proof , the standard of proof etc general emphasised keywords you should know starting law A level course
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1.RULES AND THEORY1.DEFINING A CRIME
A crime can be defined as “conduct which is forbidden by the state, for which there is a
punishment”.
What is considered criminal will change over time. For example, in 1885 consenting
homosexual acts were made criminal, which remained the law until the Sexual Offences Act
1967 decriminalised such behaviour for those 21 and over. In 1994 the age of consent was
reduced to 18, and then in 2000 to 16.
The criminal law is mainly set down by the state through Acts of Parliament. However, some
conduct is criminalised by judges through case law within the doctrine of judicial precedent.
For example in 1991 the House of Lords created the crime of marital rape in R v R.
2.THE BURDEN OF PROOF
The burden of proof in a criminal case rests with the prosecution. This means that the
prosecution must prove both the required actus reus and the required mens rea.
3.THE STANDARD OF PROOF
The standard of proof (level of proof) in a criminal case is “beyond reasonable doubt”. This
is a higher standard than the civil law “on the balance of probabilities” because in criminal
law the defendant is at risk of losing his liberty if he is found guilty.
4.ELEMENTS OF A CRIME
Except for crimes of strict liability, all crimes have 2 elements that the prosecution must
prove.
The Actus Reus is the physical element of a crime, known as “the guilty act”, and is
prohibited conduct that can be an act, an omission or a state of affairs.
The Mens Rea is the mental element of a crime, known as “the guilty mind”, and has
different levels, for example the highest level is specific/direct intention.
5.DEFENCES
Although the defendant may have committed the act, there are a number of defences
available that will lead to a verdict of “not guilty”. There are general defences that apply to
all offences, for example intoxication, and specific defences that apply only to certain
offences, for example diminished responsibility is a partial defence to murder.
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