{"title":"1. 刑事责任的基础","authors":"J. Herring","doi":"10.1093/HE/9780198815150.003.0001","DOIUrl":null,"url":null,"abstract":"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 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 (ie 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.","PeriodicalId":214631,"journal":{"name":"Criminal Law Concentrate","volume":"32 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"1. The basis of criminal liability\",\"authors\":\"J. Herring\",\"doi\":\"10.1093/HE/9780198815150.003.0001\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"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 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 (ie 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.\",\"PeriodicalId\":214631,\"journal\":{\"name\":\"Criminal Law Concentrate\",\"volume\":\"32 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2018-10-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Criminal Law Concentrate\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/HE/9780198815150.003.0001\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Criminal Law Concentrate","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/HE/9780198815150.003.0001","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
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 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 (ie 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.