Exam 1 Study Guide.pdf - “The Nature of Criminal Law” David Katkin ● Religion science structure strong winds blowing of the law ● “Does the

Exam 1 Study Guide.pdf - “The Nature of Criminal Law”...

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“The Nature of Criminal Law” - David Katkin Religion, science, structure - strong winds blowing of the law “Does the language of law and its application produce justice in the life of human beings?” “The crowd neither wants nor seeks knowledge… the slavery of mankind is this.” “Where the environment is stupid or prejudiced or cruel… it is a sign of greatness to be out of harmony with it.” “The average person is a conformist…” “In Germany, they came for… and I didn’t speak up because I wasn’t a… and when they came for me, there was no one left to speak up.” “Those to whom evil is done, do evil in return.” - hurt people hurt people Auden’s poem - “like” because it’s not “is” Dialogue is a situation where the conversation never stops Culpability is blameworthiness Universality and equality Chapter 1 Crime- grade it as very serious, serious, or minor Non Criminal wrong- legal wrong that justifies suing someone and getting money Regulation- use government action to discourage the behavior License- charge a price for it but don’t try to discourage or encourage it Lawful- create no legal consequences Law reflects the moral worth of society, better society = less laws there will be, unjust reflects unjust, worse society = more laws Heaven = no laws, hell = many laws To keep rising - continue upward and to keep moving forward - must keep going “The arc of the universe is long but it leads toward justice.” - MLK “The world only spins forward.” - Tony Krushner “Democracy is a process not a destination” “Evil is the inability to see the self in the other.” “Torture is not culture” - Alice Walker “The path of progress has never taken a straight line but has always been a zigzag” - Kelly Miller Abadi - idea of cultural relativism is nothing but an excuse What behavior deserves criminal punishment? Criminal liability- conduct that unjustifiably and inexcusably inflicts or threatens substantial harm
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How is a society justified to decide to inflict punishment on one of its members? Crimes and noncriminal wrongs Who’s criminally responsible for what crime? Torts (non criminal wrongs)- private wrongs for which you can sue the party who wronged you and recover money Similarities between crimes and torts Sets of rules telling us what we can’t do and what we must do Rules apply to everybody in the community, speak on behalf of everybody, with the power and prestige of the whole community behind them Power of the law backs up the enforcement of the rules Almost every crime is also a tort Murder is also the tort of wrongful death OJ Simpson - acquitted in murder but lost in tort case Differences between crimes and torts Criminal prosecutions are brought by the government against individuals; non government parties bring tort actions against other
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