Philosophy 2080 Study Guide - Actus Reus, Statutory Interpretation, Mens Rea

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The state must prove its case beyond reasonable doubt. The victim in the case is the principle witness. The crown decides the charge and whether to prosecute. You are not a compellable witness in your own criminal prosecution. Federal government has the exclusive ability to change/write the criminal code. This is to make it even harder for the crown to prove the accused guilty. Guy tells his lawyer that he killed the constable, and why he did it. What you tell a lawyer is protected; they can not tell anyone what you said without your express permission. He could never have a fair trial again in australia, so he was just set free! We care about process and the system"s fairness. You want to prevent that person from doing it again. You want to specifically deter the criminal from doing it again, and generally deter the public at large from doing it.

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