Chapter 8 Criminal Law Lecture Notes

Chapter 8 Criminal Law Lecture Notes - taken from their...

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Lecture Notes Criminal Law Aphorisms: Don’t get mad, get even. - Query: is this justice or mere retribution? From the Old Testament: “an eye for an eye and a tooth for a tooth.” -The basis for society’s responsibility to punish offenders. Law and Lawyers: The duty of loyalty to clients is absolute states the Canons of Ethics From the video “To Defend a Killer”: Lawyers as amoral agents in order to justify the adversary system that requires it. Unless there is a fraud upon the court, client communications must be kept confidential. The legal system is not absolute in our tradition . Augustine: “That which is not just appears to be no law at all.” Is the system ethical? Argument: it is ethical because in the struggles of the adversary system, fairness will result more often than not as a product of the opposing forces (prosecution and defense). Question for reflection: Suppose a crew of criminals were left ashore on a desert island with very few provisions
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Unformatted text preview: taken from their ship. Aware of their own tendencies to greed and violence and anticipating no ship in the area for a matter of weeks, they pass a law, effective in their own society only, that all food shall be rationed by a trustworthy man among them, and that any taking of provisions otherwise shall be a violation of law punishable by death. The law keeps things in order for some days, but then, two men are caught stealing food. They are sentenced to be hung in the morning. At dawn the first sentence is carried out, but as the ropes are being readied for the second hanging, a ship appears on the horizons, responds to their distress signals and anchors close to the shore. What should they do about this second thief? Why? Analyze this under the theories presented in our course....
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This note was uploaded on 09/30/2008 for the course BUAD 403 taught by Professor Fields during the Fall '07 term at USC.

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