Introduction to Law - Criminal Law Flashcards class 7

Vocabulary-style flashcards covering the fundamental concepts, theories, and procedures of criminal law as presented in Professor Christina Hiessl's lecture.

Trias politica

The principle that state power should be divided among three separate branches.

Criminal law

The prohibition of conduct threatening public safety or welfare, also known as "public wrongs."

Ultima ratio

The concept that criminal law should be a last resort due to its severe encroachment on an individual’s freedom.

Blackstone's ratio

The legal dilemma or principle asserting that it is better to have 10 guilty persons escape justice than 1 innocent person suffer for a crime they did not commit.

Retributive theory of punishment

A theory of punishment historically dominated by the concept of "an eye for an eye" or the legalisation of vengeance.

Utilitarian theory of punishment

A theory focused on the maximisation of societal welfare, where the harm prevented by punishment must outweigh the harm created.

Paternalistic grounds

Basis for laws that restrict individual autonomy for the person's own good; the criminalisation debate suggests avoiding criminalisation based purely on these grounds.

Harm principle

A principle proposed by John Stuart Mill stating that power can only be rightfully exercised over a member of a civilised community against his will to prevent harm to others.

Actus reus

The "guilty act" or the objective element of a crime.

Mens rea

The "guilty mind" or the subjective element of a crime.

Offences of commission

Criminal acts traditionally defined as "willed bodily movements," interpreted based on social context.

Offences of omission

Failure to act when there is a general duty of care towards a victim.

Dolus directus (direct intent)

A form of intention where the agent wanted to achieve the criminalised outcome.

Dolus indirectus (indirect intent)

A form of intention where the agent knew the act or omission would almost certainly achieve the criminalised outcome.

Dolus eventualis (conditional intent)

A form of intention where the agent is aware that the act or omission can achieve the criminalised outcome and accepts it.

Recklessness

A concept in common law countries where the agent is aware that an act or omission can achieve a criminalised outcome but lacks a volitional element.

Conscious (gross) negligence

A state where the agent is aware (or must be aware) that the act or omission can achieve the criminalised outcome but hopes it will not materialise.

Unconscious (slight) negligence

A state where the agent is not, but should be, aware that the act or omission can achieve the criminalised outcome.

Grounds for justification

Circumstances determined by law, such as self-defence or state of emergency, that remove the wrongfulness of conduct and make it permissible.

Self-defence (legitimate defence)

The use of capable and necessary means to prevent an imminent unlawful attack, including the defence of others.

Grounds for non-imputability

Circumstances, such as mental disorder or minor age, that render the perpetrator not criminally responsible even if the act remains unlawful.

Insanity (mental disorder)

A criterion for non-imputability based on an individual's incapability to comprehend the wrongfulness of their own actions due to medically recognised disorders.

Indictment

The formal allegation of a crime that moves a case from the pre-trial stage to the trial stage.

Adversarial trial

A trial tradition common in common law systems characterized by a dispute between parties, cross-examination, and a jury of laypersons.

Inquisitorial trial

A trial tradition common in civil law systems where a career judge plays a central role in investigating and determining the admission of evidence.

Fruit of the poisonous tree doctrine

A legal doctrine in adversarial trials stating that evidence must be legally obtained to be admissible.

In dubio pro reo

The principle that in cases of doubt, the judge or jury must rule in favor of the accused; central to the presumption of innocence.

Equality of arms

The principle in the trial stage ensuring that the defendant has fair standing to counter the powers of the prosecution.