Why is the criminal standard higher than the civil standard

Reference no: EM133226113

a) Why is the criminal standard higher than the civil standard? Why is the presumption of innocence so demanding?

b) Why is the civil standard more difficult to satisfy where more serious allegations are made?

c) In the following scenarios identify which party bears the burden of proof, what type of burden it is, and the applicable standard of proof. Suggest how the relevant burden might be discharged in each case (ie, what evidence might the party bearing the burden adduce?).

D is charged with murder and raises the defence of substantial impairment by cognitive or mental health impairment: Crimes Act 1900 ss 18,

D is charged with murder. D raises the defence of self-defence but does not testify or call witnesses. Crimes Act ss 18, 418, 419.

D is charged with possession of and dealing in firearms under s 43 of the Firearms Act 1996. D claims to have a licence.

P and D are listed as beneficiaries under the will of T. P brings an action to invalidate D's entitlement on the basis that D murdered T. D was tried and acquitted of the murder on the basis of self-defence.

Revision questions
Competence and compellability
Jo and Flo, a husband and wife, have been charged with armed robbery.

(a) Are there any circumstances in which Flo could testify for the prosecution against Jo?

(b) Are there any circumstances in which Jo could testify for Flo?

regarding what he heard of their alleged plans to commit the robbery?

Examination in chief and cross-examination

In an assault case the prosecution called the complainant as the first witness. In the course of the examination in chief, the prosecution asks the complainant the following questions:

(i) 'So you met the defendant at the bar. What happened then?'

(ii) 'The defendant punched you in the face, didn't he?'

Defence counsel objects to (i) and (ii). After discussion with counsel the trial judge indicates that (i) is disallowed, but that questions along the lines of (ii) would be allowed.

Later defence counsel conducts cross-examination of the complainant. Defence counsel asks: (iii) 'You never met the defendant that night, did you?'
(iv) 'It wasn't the defendant that punched you, was it?'

The prosecution objects. After discussion with counsel, the trial judge upholds the objections.

With reference to this scenario, consider the following questions:

(a) What are leading questions?

(b) Why are they generally not permitted in examination in chief?

(d) Why are they generally permitted in cross-examination?

(e) When may they be disallowed in cross-examination?

(f) Why did the trial judge make these rulings in this case?

Reference no: EM133226113

Questions Cloud

Does any party need to respond to a counter-claim : Does any party need to respond to a counter-claim, a third-party complaint, or a crossclaim? Explain. Provide an example.

Learned about the enabling environment : Please make a reflective account on: What have you learned from planning a free play activity for early years children. For example; what do you need to do in o

Discuss whether international law played any role : With reference to this constitutional provision and other relevant authority, discuss whether international law played any role in the development of South

Construct of choice : Construct three sample items that represent your construct of choice. Include an appropriate response scale. The construct of choice is self-esteem using Rosenb

Why is the criminal standard higher than the civil standard : Why is the criminal standard higher than the civil standard? Why is the presumption of innocence so demanding adn

Identifying potential elder abuse in older adults : Discuss risk factors you would look for when identifying potential elder abuse in older adults.

Please discuss the medical responsibilities : Please discuss the medical responsibilities that existed with respect to Gregory and indicate if any of those medical responsibilities were breached.

What purpose do the skills and principles serve : Discuss two skills and two ethical principles that should guide a lawyer/client interview and What purpose do the skills and principles serve

Explain the bullwhip effect : Explain the Bullwhip Effect and provide 2 (two) factors that may cause this effect and discuss the ramifications the Bullwhip Effect may have in the operations.

User Account

All Pages