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CJ 2360 Test 1 Review

CJ 2360 Test 1 Review - CJ 2360 Test 1 Review I...

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CJ 2360 Test 1 Review I. Introduction and Principles of Criminal Responsibility (Ch. 1) The criminal law of a state includes not only a list of crimes but also a body of principles that help us decide under what circumstances individuals should be considered criminally responsible for their conduct; these principles are also used to determine when its fair to impose criminal sanctions on individuals The principles of criminal responsibility include the following: Those defenses that excuse conduct that would otherwise be criminal-for example, insanity, self-defense, and necessity The requirements for actus reus and mens rea The requirement for joinder of intent and act A. Origins/Sources of the Substantive Criminal Law Substantive criminal law -the part of criminal law that establishes what conduct constitutes a crime and prescribes the punishment for violations of the crime 2 needs considered the controlling factors of philosophical thinking in the area of criminal law: Society’s need to maintain security in the community by regulating and controlling governmental and individual activity The need to provide for and allow changes in the law in response to changes in the society Crime-conduct that has been prohibited by law and that subjects the offender to criminal punishment one of the core functions of criminal law is to punish wrongdoers incapacitation as the rationale for punishment is based on denying the criminal the opportunity to commit other crimes by virtue of his or her restraint(confinement) the theory of punishment for retribution purposes is different from the other theories in that its goal it to take revenge on the individual rather than to reform an offender or restrain the would-be criminal, under the concept of retribution, the criminal has committed a wrong to society and there must pay the debt 1
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2 types of deterrence: General deterrence -based on the idea that punishment of a criminal will cause other people to forgo criminal behavior in the future(learn from others mistakes) Special deterrence -punishment of a wrongdoer to deter that individual from future misconduct Morals vs. Law “a creep is not a criminal” Many acts that are considered criminal may not be morally wrong(insider stock trading) and vice versa(not helping a drowning stranger) Use of Sanctions to Regulate Morality and Societal Rules The common law of England with its Anglo-Saxton concepts became the basic criminal of the colonies After the revolution, the common law was modified by state legislator religious beliefs became a part of our criminal code, and
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