Chapter 1 Multiple choice questions

. Which one is correct? The study of the criminal law is a study of:

Liability, that is, matters of guilt and innocence.

Sentence, that is, how long the offender can be sent to prison.

Proof, that is, how the defendant's guilt can be proved.

Truth, that is, what actually happened and how justice can be served.

. Which of the following is NOT an element of criminal liability?

Mens rea

Defence

Motive

Actus reus

. Most prosecutions are brought by whom?

The complainant

The Serious Fraud Office

Local Authorities

The Crown Prosecution Service

. Who bears the burden of proof in criminal proceedings?

The judge

The jury

The prosecution

The defendant

. What is an evidential burden?

It is a type of proof burden.

It is a burden to adduce evidence to make an issue 'live' in a case.

It means the defendant has to prove the defence of insanity.

It means that whenever the burden of proof is reversed to the defendant, he has to prove the defence on a balance of probabilities.

. On most criminal law modules, the only two defences which the defendant has to prove are…?

Self-defence and mistake

Self-defence and diminished responsibility

Diminished responsibility and insanity

Insanity and mistake

. Which sentence below most accurately describes the effect of s. 8 of the Criminal Justice Act 1967?

It governs the admissibility of evidence.

It states the prosecution cannot prove exactly what the defendant was thinking at the time of the commission of the crime.

The fact-finder is bound to infer the defendant foresaw the result of his actions.

It provides that intention or foresight are proved when the fact-finder infers it from all of the evidence.

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