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Criminal Law - 1 (Fundamentals & Defenses) Video Lecture | Crash Course for CLAT (English)
FAQs on Criminal Law - 1 (Fundamentals & Defenses) Video Lecture - Crash Course for CLAT (English)
| 1. What are the fundamentals of criminal law? |  |
Ans. The fundamentals of criminal law refer to the basic principles and concepts that govern the criminal justice system. These include elements such as the presumption of innocence, burden of proof, due process, and the concept of mens rea (guilty mind). The fundamentals ensure that individuals accused of a crime are given fair treatment and that the state proves their guilt beyond a reasonable doubt.
| 2. What are some common defenses in criminal law? | |
Ans. There are several common defenses in criminal law that individuals can use to challenge their charges. These include self-defense, where a person claims they acted to protect themselves or others from harm; insanity, where a person argues they were not mentally capable of understanding their actions; duress, where a person claims they were forced to commit a crime under threat; and intoxication, where a person argues they were under the influence of drugs or alcohol and were unable to form the necessary intent to commit a crime.
| 3. What is the role of intent in criminal law? | |
Ans. Intent, also known as mens rea, plays a crucial role in criminal law. It refers to the mental state or state of mind of the defendant at the time the crime was committed. Intent can range from purposefully and knowingly committing a crime to acting recklessly or negligently. Different crimes require different levels of intent, and proving intent is essential for establishing guilt in many criminal cases.
| 4. What is the burden of proof in criminal law? | |
Ans. The burden of proof in criminal law lies with the prosecution. It refers to the responsibility of the prosecution to prove beyond a reasonable doubt that the defendant committed the crime they are accused of. This high standard of proof ensures that individuals are not wrongfully convicted and serves as a safeguard against false accusations. If the prosecution fails to meet the burden of proof, the defendant should be acquitted.
| 5. Can a person be convicted of a crime without evidence? | |
Ans. In most cases, a person cannot be convicted of a crime without evidence. The principle of "innocent until proven guilty" requires the prosecution to present sufficient evidence to prove the defendant's guilt beyond a reasonable doubt. However, there are rare exceptions, such as cases where the defendant confesses to the crime or there is overwhelming circumstantial evidence that strongly points to their guilt. Nevertheless, a conviction without evidence is generally considered a violation of the accused's right to a fair trial.
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Nov 14, 2024 Last updated |
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