Criminal Justice System Overview

A set of flashcards summarizing key legal principles and concepts related to crime, criminal law, and the criminal justice system.

What does the term 'actus reus' refer to in criminal law?

It refers to the 'guilty act', which is the physical act committed during the crime.

What is 'mens rea' in the context of a crime?

It means 'guilty mind' and refers to the intention or knowledge of wrongdoing that constitutes part of a crime.

What are strict liability offences?

These are offences where the prosecution only needs to prove that the actus reus occurred, and no mens rea needs to be proven.

What is causation in criminal law?

It involves proving a sufficient causal link between the accused's actions and the result of the crime.

What are summary offences?

Less serious offences that are usually heard in local courts and may result in penalties of no more than two years in prison.

What are indicatable offences?

More serious offences that are heard in higher courts and typically involve a jury.

Who is considered the principal in the first degree?

The person who carries out the criminal act and receives the highest penalty.

What is the role of police in the criminal investigation process?

The police are responsible for investigating crimes, making arrests, and gathering evidence.

What is the purpose of bail?

Bail is the temporary release of an accused person awaiting trial, with conditions imposed to ensure attendance at court.

What are the two principles of punishment in the criminal justice system?

Deterrence and rehabilitation.

What does the term 'homicide' encompass?

The unlawful killing of another person, which can be classified into different categories such as murder and manslaughter.

What is the function of the jury in the criminal trial process?

The jury assesses the evidence presented in court and determines the guilt or innocence of the accused.

What are aggravating factors in sentencing?

Circumstances that increase the severity of the crime and can lead to a harsher sentence.

What is the difference between complete and partial legal defences?

Complete defences justify the accused's actions, resulting in charges being dropped, while partial defences reduce the seriousness of the charges.

How do non-legal measures contribute to the legal responses to crimes?

Non-legal measures, such as societal norms and media reporting, can influence public perception, push for law reforms, and promote compliance with laws.

What is the importance of the Universal Declaration of Human Rights?

It set the standard for human rights and is widely recognized as the first comprehensive statement of universal human rights.

What are human rights?

Human rights are fundamental rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status.

What document is often considered the foundation of modern international human rights law?

The Universal Declaration of Human Rights (UDHR).

When was the Universal Declaration of Human Rights adopted?

It was adopted by the United Nations General Assembly on December 10, 1948.

What is the primary international body responsible for promoting and protecting human rights?

The United Nations Human Rights Council (UNHRC).

What is the principle of non-discrimination in human rights?

It means that all individuals are entitled to their rights without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status.

What are some categories of human rights?

Categories often include civil and political rights (e.g., right to life, freedom of expression) and economic, social, and cultural rights (e.g., right to work, right to education).

What is the role of international treaties in protecting human rights?

International treaties, such as the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), legally bind states that ratify them to uphold specified human rights.

What is 'derogation' in human rights law?

Derogation is when a state temporarily suspends or limits certain human rights during a national emergency, provided it is strictly necessary and proportionate, and does not violate non-derogable rights (like the right to life or prohibition of torture).

What is the significance of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)?

It is an international human rights treaty that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.

What is the concept of 'responsibility to protect' (R2P)?

R2P is a global political commitment endorsed by all UN member states to prevent mass atrocities (genocide, war crimes, ethnic cleansing, and crimes against humanity) if their own state fails to protect them.

What is family law?

Family law is an area of law that deals with family-related matters and domestic relations, including marriage, divorce, child custody, and adoption.

What are the common legal grounds for divorce?

Common grounds include irreconcilable differences (no-fault divorce), adultery, cruelty, desertion, and separation for a specified period.

What is 'child custody' in family law?

Child custody pertains to who has the legal and physical responsibility for a child after parents separate or divorce, encompassing decision-making and living arrangements.

What is the purpose of child support?

Child support is financial provision from one parent to the other for the care, maintenance, and education of their child or children.

What is 'spousal support' (or alimony)?

Spousal support is a payment made by one spouse to the other after a separation or divorce, intended to provide financial assistance and ensure a fair economic transition.

What is 'adoption' in a legal context?

Adoption is the legal process by which a person or couple assumes the legal parenting of another person, usually a child, from that person's biological or legal parent or parents, and, in so doing, permanently transfers all rights and responsibilities.

What is a 'prenuptial agreement'?

A prenuptial agreement is a contract entered into by prospective spouses before marriage, specifying how assets, debts, and responsibilities will be divided and managed during and after the marriage.

What is 'domestic violence' in the context of family law?

Domestic violence involves abusive behavior by one spouse or partner against another in an intimate relationship, leading to emotional, psychological, or physical harm. Family law provides remedies such as protection orders.

How are marital assets typically divided in a divorce?

Marital assets are typically divided based on principles of 'equitable distribution' (fair, but not necessarily equal) or 'community property' (equal division), depending on the jurisdiction's laws.

What is 'parental responsibility'?

Parental responsibility refers to all the duties, powers, responsibilities, and authority which by law a parent of a child has in relation to the child and his or her property, often shared by parents post-separation.

What is 'world order'?

World order refers to the way global events and affairs are managed and arranged, often involving the distribution of power, the role of international law, and the interactions between states and non-state actors.

What is the significance of state sovereignty in world order?

State sovereignty is the principle that a state has supreme and exclusive authority within its territory, free from external control. It is a foundational concept of international law, though it can sometimes conflict with international human rights obligations or humanitarian interventions.

What is the primary role of the United Nations (UN) in maintaining world order?

The UN's primary role is to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a center for harmonizing the actions of nations.

What are international laws?

International laws are a set of rules, agreements, and treaties that are binding on states and are generally recognized as governing relations between nations. They aim to promote peace, human rights, and cooperation.

What is the International Court of Justice (ICJ)?

The ICJ is the principal judicial organ of the United Nations. Its main functions are to settle legal disputes submitted to it by states and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.

What is the concept of collective security?

Collective security is a system where states agree to defend any member that is attacked, effectively treating an attack on one as an attack on all. It aims to deter aggression and maintain peace through a united front.

What is 'humanitarian intervention' in the context of world order?

Humanitarian intervention is the principle that the international community has a right or duty to intervene in a state, with or without its consent, when that state is committing large-scale atrocities against its own population and is unwilling or unable to protect them.

What is the role of non-governmental organizations (NGOs) in world order?

NGOs play a crucial role by advocating for human rights, providing humanitarian aid, conducting research, monitoring international agreements, and influencing public opinion and government policies on global issues.

What are some modern challenges to world order?

Modern challenges include climate change, terrorism, cyber warfare, economic inequality, refugee crises, and the rise of nationalism, which can undermine international cooperation and established norms.

How does international cooperation contribute to world order?

International cooperation, through treaties, alliances, and organizations, allows states to address transnational issues (like pandemics, environmental degradation, or economic crises) that no single state can solve alone, thereby fostering stability and shared prosperity.