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(p. 1) 1. The basis of criminal liability 

(p. 1) 1. The basis of criminal liability
Chapter:
(p. 1) 1. The basis of criminal liability
Author(s):

Jonathan Herring

DOI:
10.1093/he/9780198815150.003.0001
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date: 01 December 2020

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses what criminal liability is and is not about; the meaning of burden of proof; and the reform of criminal law. The study of the criminal law is the study of liability. It is not about whether a person can be charged with a crime, or what sentence he may face if convicted, but rather it deals with whether a person is innocent or guilty of an offence (i.e. whether or not he can be convicted). The burden of proof means the requirement on a party to adduce sufficient evidence to persuade the fact-finder (the magistrates or the jury), to a standard set by law, that a particular fact is true.

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