Summary CRW2601 Updated MULTIPLE CHOICE questions and answers

Murder Ans The unlawful, intentional causing of the death of another human being. Culpable homicide Ans The unlawful, negligent causing of the death of another human being. Supra Ans Above. Infra Ans Below. 4 elements of criminal liability Ans 1) Act/Conduct. 2) Compliance with the definitional elements of the crime. 3) Unlawfulness. 4) Culpability. Logical sequence of investigation Ans See page 8 and 9 of SG. 3 main sources of criminal law Ans Legislation, common law and case law. Further sources of influence on criminal law Ans English law, Germanic criminal-law theory and the Bill of Rights in the Constitution. Best-known specific crimes Ans Murder, assault and theft. Common law Ans Those rules of law not contained in Act of parliament or in rules of legislation by some other (subordinate) legislative body. The theories of punishment Ans Retribution, deterrence, prevention and reformation. The onus of proof Ans Innocent until proven guilty. The principle of legality Ans It must be beyond dispute that X's alleged type of conduct is recognised by the law as a crime. The definitional elements of the crime Ans The concise definition of the type of conduct and the circumstances in which that conduct must take place in order to constitute an offence. Well-known grounds of justification Ans 1) Private defense (self defense). 2) Necessity. 3) Consent. 4) Right of chastisement. 5) Official capacity