Legal Notes - Criminal Investigations

Flashcards on Criminal Investigations

Crime

Acts in breach of laws created for safety and order, punishable by the courts.

Morality

A society's system of values based on common beliefs of right and wrong.

Presumption of Innocence

The principle that an accused person is innocent until proven guilty.

Onus of Proof

The responsibility of the prosecution to prove their claim in a criminal trial.

Standard of Proof

The level of evidence required to prove a case; 'beyond reasonable doubt' in criminal law.

balance of probabilities

The standard of proof in civil law, where the case is more likely true than not.

Beyond Reasonable Doubt

The standard of proof in criminal law, requiring no other logical conclusion than guilt.

Adversarial System of Justice

A trial system with two opposing sides presenting their case before an impartial judge and jury.

Suspect

Someone police suspect of committing a crime.

Accused

A suspect who has been formally charged with a crime.

Principal Offender

The person who commits the actus reus of the crime.

Accessory to Crime

A person who impedes the apprehension, prosecution, or punishment of a principal offender.

Summary Offence

A less serious criminal offence heard by a magistrate without a jury.

Indictable Offence

A serious criminal offence heard by a judge and jury.

Regulatory Offence

An offence that does not require proving mens rea.

Actus Reus

The 'guilty act' or physical element of a crime.

Mens Rea

The 'guilty mind' or mental element of a crime.

Search Warrant

Legal document allowing police to enter and search a property.

Arrest

The process of physically restraining a person charged with a crime and bringing them before a court.

Evidence

Information or materials gathered to support a charge, documented in situ to avoid contamination.