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legal studies-crime
criminal terminology
| Term | Definition |
|---|---|
| Defensive homicide | where a person believes they were acting in self-defence but a cour finds the beliefs or actions of the accused unreasonable |
| homicide | the killing of a person; murder, manslaughter, defensive homicide, infanticide and child homicide are unlawful homicides |
| Indictable offences | more serious offences which can be heard before a judge and jury |
| Manslaughter | a person can be charged with manslaughter ih or she was criminally negligent, or killed someone while conducting a dangerous and unlawful activity |
| Strict liability crime | a crime where there is no need to prove intention to commit the crime |
| Strict liability crimes | means that there is no necessity to prove intention to commit the crime for a person to be found guilty. |
| Summary offense | - minor offence heard in the magistrates’ court. |
| Victimless crimes | are crimes that harm no one else but the person committing the crime |
| Actus reus | guilty act |
| Mens rea | a guilty mind |
| Indictable offences heard summarily | indictable offences can be heard in the magistrates’ court as if they were summary offences. |
| Indictable offences | serious criminal offences that can be heard before a judge and jury |
| Presumed innocent until proven guilty | |
| Summary offences | minor criminal offences that are heard in the magistrates’’ court |
| Director of public prosecutions | is responsible for bringing prosecutions in the county court, Supreme Court and high court on behalf of the state of Victoria. |
| Murder | is the unlawful killing of another person with malice aforethought, by a person who is of the age of discretion and sound of mind. |
| Reversal of the onus of proof | |
| Beyond reasonable doubt | in criminal trails the prosecution must prove that the alleged offender is guilty of a crime beyond reasonable doubt. |
| Unanimous verdict | |
| Majority verdict | when 11 out of 12 votes of the jury is acceptable for criminal offences other than murder treason and commonwealth offences which only a unanimous verdict will be accepted. |
| Hung jury | if an unanimous decision or majority verdict cannot be researched in a trail before a judge and jury, the jury is said to be a hung jury. |
| Rules of natural justice | this is where everyone is given a reasonable opportunity to put forward their case and be heard by an unbiased, independent decision-maker. |
| Doli incapax | is is also assumed that a child between the ages of 10 and 14 is mentally incapable of committing a crime. |
| Accused | a person or offender who has been accused of a crime is referred to as the accused. Prosecution- the person proving the case on behalf of the state is the prosecution. |
| Accessory to a crime | is any person who knowingly obstructs the apprehension, prosecution, conviction or punishment of the main offender of a crime. |
| Homicide | is the killing of a person. Murder, manslaughter, defensive homicide, infanticide and child homicide, infanticide and child homicide are unlawful homicides. |
| Self- defense | to claim self-defense is a two- step process. The accused must prove that the self-defence was necessary to protect themselves or another and had reasonable grounds for this belief. |
| The killing was unlawful | the accused did not have a lawful reason for causing another person’s death. |
| The accused was a person of sound mind | the accused’s actions must be voluntary, conscious and deliberate. |
| The accused caused the victim’s death | the accused’s actions must contribute significantly and substantially to a person’s death. |
| Malice aforethought existed | is the intention to commit the crime(a guilty mind or mens rea). |
| Causation | unbroken link between the act of the accused and the death of the victim. |
| Attempted murder | they attempt to commit a crime but fail in the process |
| Manslaughter | is when a death occurs due to criminal negligence or an unlawful and dangerous act. |
| The accused was a person over the age of discretion | the accused must be over the age of 10 years of age. |
| The victim was a human being | the victim must be a human being not an animal. |
| Defensive homicide | killing in self-defense but the court believes their actions were unreasonable. |
| Infanticide | where a mother kills her child. |
| Child homicide | is the killing of a child under the age of 6. |
| Defence of homicide | Is when the accused does not specify a defense to a crime but attempts to show flaws in the case of the prosecution. |
| Automatism | this defense is concerned with the involuntary actions that are not caused by a disease of the mind. |
| Defensive homicide | defensive homicide is where the accused may believe they acted in self-defence but the court finds this belief not to be reasonable then that person will be found guilty of defensive homicide. |
| Duress | when someone commits a crime to prevent another |
| Sudden or extraordinary emergency | when someone actions are the only reasonable way with dealing with an emergency situation. |
| Metal impairment | is where the accused was suffering from a mental illness at the time of the crime and as a result the person did not know what he or she was doing and did not know the conduct was wrong or could not reason or think about their conduct like an ordinary per |
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