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Transcript of Criminal Law
of Criminal Law? Criminal Law has three main objectives: to protect people, to maintain order in society, and to punish criminals. What is considered a crime? A crime is anything that the State has determined as being criminal and punishable. For this reason, there is a big variation in the definition of crimes between countries How do you prove a crime? It is down to the prosecution to prove that a crime has been committed, and the offender is presumed innocent until proven guilty. The prosecution must demonstrate both actus reus and mens rea, and the proof must be ‘beyond reasonable doubt.’ Insanity Objection! The Queen vs. Mónica Machado Objection sustained Objection overruled Alleged
murderer 21st of November of 2010,
the night of the crime is the objective element of a crime Mens rea Actus reus is the Latin term for "guilty mind" and one of the necessary elements of a crime, the mental element. When there is an actus reus, proved beyond a reasonable doubt in combination with some level of mens rea, produces criminal liability. El Estado contra Mónica Machado As a general rule, criminal liability does not attach to a person who acted with the absence of mental fault. supuesta homicida La noche de autos Levels of mens rea England Spain Direct intention Dolo directo de primer grado Knowingly Recklesness Criminal negligence Dolo indirecto Dolo eventual Imprudencia Oblique intention Dolo directo de segundo grado Court is in session.
The honourable Judge Heather Adams
presiding Se abre la sesión,
preside la honorable jueza Heather Adams Eximentes Defensa propia Defence Abogada defensora Prosecutor Fiscal Offender Acusado Intoxicación Incapacidad psíquica Mitigating circumstances Circunstancias atenuantes Homicidio Secuestro 'Indictable-only' offences ‘Summary’ offences Faltas Delitos graves ¡Protesto! Protesta aceptada Protesta denegada Homicidio involuntario 'Triable either way' offences Delitos menos graves Drunk and Criminal Common assault Hurto Embriaguez y alteración del orden público Daño Theft Robo Assault causing actual bodily harm Asalto con agresión Burglary Usurpación Aggravating circumstances Circunstancias agravantes Factors that make a crime worse Be armed Injure someone while committing the crime In a murder, be family Facts that, while not negating an offence, tend to show that the Offender may have had some grounds for acting the way he did. In a assault, been provoked In a murder, call the police after committee the crime Scuba diving
knife Weapon of
the crime Stab Mr. Uphill and Ms. Machado to death Actus reus Call confessing the murder Mitigating circumstances Both victims are family of the murderer Aggravating circumstances Mitigating
circumstance Schizophrenia Hallucinations Mitigating
circumstance Psychological assessments Evidence
- Mitigating circumstance The Jury decides if the Offender is Guilty Grab a knife, come into the bedroom again and stab the victims Mens rea
- Direct intention Not-guilty Picture taked by the police at the crime scene Evidence
- Aggravating circumstance Autopsy inform Evidence
- Agravating circumstance (cruelty = ensañamiento) The Judge dictates the sentence Not-guilty Guilty 20 to 30 years for each murder admission into a specialized psychiatric clinic or go home damage disorderly Facts that free the Offender from criminal liability