The crime-control model is a perspective within the criminal justice system that prioritizes the swift identification, capture, and conviction of criminals. This model emphasizes the importance of maintaining public safety by aggressively addressing crime and apprehending offenders.
The onus of proof is a fundamental principle in criminal law that ensures the accused is presumed innocent until proven guilty and places the responsibility on the prosecution to demonstrate the defendant's culpability.
The arraignment is a crucial step in the criminal justice process as it formally initiates the legal proceedings against the defendant and ensures that they are informed of their rights and the charges they are facing.
Actus reus encompasses various actions, omissions, behaviors, or circumstances that are outlined in the definition of a specific crime. It's the observable behavior or the external aspect of the criminal offense that needs to be proven for a conviction to occur.
In legal terms, it means confirming that the person being accused and brought to court is indeed the same person who is believed to have carried out the unlawful act. This process is important to prevent cases of mistaken identity or wrongful accusations. The prosecution must provide evidence that convincingly links the accused person to the crime in question.
The justice system refers to the institutions, procedures, and processes that are in place within a society for the application and enforcement of laws. It encompasses the legal framework, courts, law enforcement agencies, correctional facilities, and various components that work together to maintain law and order, ensure fairness, and administer justice in accordance with established laws and regulations.
Both fairness and equity are fundamental principles in various contexts, including law, education, social welfare, and more, to ensure that individuals are given their due rights and opportunities.
The due process model is a framework within the criminal justice system that emphasizes the protection of individual rights and the fair treatment of defendants throughout all stages of the legal process.
A trial is a formal legal proceeding during which evidence is presented, witnesses are called, and arguments are made by both the prosecution and the defense.
In simpler terms, probable cause is a reasonable belief, based on facts and circumstances, that a crime has been committed and that a specific person is likely responsible for that crime.
"Mens rea" is a Latin term that refers to the mental element or state of mind associated with a criminal offense. It involves the intention, knowledge, recklessness, or negligence of the defendant in relation to the prohibited act (actus reus) that constitutes the crime.
This includes presenting evidence, cross-examining witnesses, and making arguments to demonstrate that the accused is not guilty of the charges brought against them.
The grand jury reviews evidence presented by the prosecution and determines whether there is probable cause to believe that a crime has been committed and that the accused individual should be formally charged with the offense.
The indictment serves as the foundation for the legal proceedings against the accused, outlining the charges they are facing and providing a basis for further action within the criminal justice system.
Crown prosecutor, also known as the prosecution, is responsible for presenting the case against the defendant in a criminal trial. This includes presenting evidence, calling witnesses, and making arguments to demonstrate that the accused is guilty of the charges brought against them.
Booking is the official process carried out by law enforcement or correctional administration when a person is taken into custody following an arrest. It involves documenting various details related to the arrest and the individual, including their personal information, the charges, the circumstances of the arrest, and other relevant data.
