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    Legal Vocabulary

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    Catherine Ma
    The document discusses several key principles of criminal justice systems: 1. The presumption of innocence, where the accused is assumed innocent until proven guilty. 2. Proof beyond reasonable doubt, where prosecutors must prove guilt with reliable evidence that leaves no reasonable doubts. 3. The importance of an objective legal process to prevent public prejudice and mob justice from influencing trials. 4. The harm principle, which justifies exercising power over someone only to prevent harm to others. However, this principle alone does not fully determine what should be criminalized.

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    Legal Vocabulary

    Uploaded by

    Catherine Ma
    18 views2 pages
    The document discusses several key principles of criminal justice systems: 1. The presumption of innocence, where the accused is assumed innocent until proven guilty. 2. Proof beyond reasonable doubt, where prosecutors must prove guilt with reliable evidence that leaves no reasonable doubts. 3. The importance of an objective legal process to prevent public prejudice and mob justice from influencing trials. 4. The harm principle, which justifies exercising power over someone only to prevent harm to others. However, this principle alone does not fully determine what should be criminalized.

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    The document discusses several key principles of criminal justice systems: 1. The presumption of innocence, where the accused is assumed innocent until proven guilty. 2. Proof beyond reasonable doubt, where prosecutors must prove guilt with reliable evidence that leaves no reasonable doubts. 3. The importance of an objective legal process to prevent public prejudice and mob justice from influencing trials. 4. The harm principle, which justifies exercising power over someone only to prevent harm to others. However, this principle alone does not fully determine what should be criminalized.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    18 views2 pages

    Legal Vocabulary

    Uploaded by

    Catherine Ma
    The document discusses several key principles of criminal justice systems: 1. The presumption of innocence, where the accused is assumed innocent until proven guilty. 2. Proof beyond reasonable doubt, where prosecutors must prove guilt with reliable evidence that leaves no reasonable doubts. 3. The importance of an objective legal process to prevent public prejudice and mob justice from influencing trials. 4. The harm principle, which justifies exercising power over someone only to prevent harm to others. However, this principle alone does not fully determine what should be criminalized.

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    Presumption of Innocence/innocent until guilt is prove

    -the fundamental principle of (Criminal) Justice Syste

    Beyond Reasonable Doubt


    -the prosecutor must prove the guilt of the accused with reliable and complete evidence
    that the judge no longer retain well-founded doubt(based on experience or evidence)
    -No other logical explanation can be derived from the facts except that the defendant
    committed the crime, thereby overcoming the presumption that a person is innocent until
    proven guilt

    False Allegatio

    Miscarriage of Justic

    Public Bia
    -It is precisely because certain elements of the public are quick to judge and often liable to
    punish unjustly that a legal system is required in order to provide due process and to prevent
    the miscarriage of justic

    tax/punishment/conscription… levied by the stat

    (in) breach of contract/right

    Legal Proces
    -A dialectic process in which the prosecutor must prove the guilt of the accused beyond
    reasonable doub
    -it is antithetical to allow public prejudice to color the legal proceeding

    The Objectivity of the court must be assumed a priori


    The accused ought only to be tried by a court and never by mob or media/publi

    In service of the public interes

    subject of suspicion and Suffer reprisal

    Acquit
    acquit sb of some crim

    The Harm Principl


    -the only justi cation to exercise power against one’s will, or namely, in a coercive way, is
    to prevent harms to others.

    fi
    n

    Criticism:
    1. Refusal to recognize a pure violation of rights can be a good reason to criminalize
    conduct —disregard the rights of individual
    2. Harm should not be precondition to the criminalization of a conduct, as this would cause:
    either some uncontroversially criminal conduct cannot be criminalized or the harm principle
    cannot control the scope of criminal liability

    Suggestion:
    The harm principle should work together with some prior speci cation of the rights that
    people have independent of the harms that are caused by the exercise of those rights—“the
    protection of right
    Thus the principle is restated in more modest form
    the fact that conduct causes harm is a reason, but neither a necessary nor a suf cient
    reason, for criminalizing it

    fi
    fi

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