C__DOCUME~1_MOLLYG~1_LOCALS~1_Temp_plugtmp-2_RelativeResourceManager

C__DOCUME~1_MOLLYG~1_LOCALS~1_Temp_plugtmp-2_RelativeResourceManager

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Criminal Law • Without a theory, without an understanding of what distinguishes crime from other forms of wrongful and troublesome conduct, we cannot understand or make sense of the notion of crime. • A theory of criminal law provides us with a logical and reasonable definition of crime. On Jerome Hall’s Theory of Criminal Law • What makes crime different from other forms of rule violation? • Can we identify the components (elements) that constitute this distinction? • Hall stresses Legality and Conduct Then focuses on Harm and Intent He recognizes the role of Punishment and points to some important linkages ( Causality and Concurrence ). The first logical requirement for an understanding of crime is • The existence of a law that prohibits (or requires) some specific conduct. This is the legality requirement. • Logic also requires that the law be in existence before the conduct. • A logical and sensible rule is one that people
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This note was uploaded on 04/09/2008 for the course SOC 241 taught by Professor Papachristos during the Spring '08 term at UMass (Amherst).

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C__DOCUME~1_MOLLYG~1_LOCALS~1_Temp_plugtmp-2_RelativeResourceManager

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