CCJS452 Exam 1

CCJS452 Exam 1 - The General Characteristics of Criminal Law Politicality o Only a recognized authority such as elected government can make law o

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The General Characteristics of Criminal Law Politicality o Only a recognized authority, such as elected government, can make law o It is the government that decides the rules and what constitutes a violation of these rules Specificity o Must be codification of the law so that people are provided with a means of knowing in advance what they can or cannot do as it pertains to the law o Codifying Penal Code- Lets you know what the law is and the punishment for breaking that law Code of Criminal Procedure- Outlines the process Uniformity o Responsibility for breaking the law (liability) is the same for everyone we are all equal under the law Penal Sanction o Just as the government has the sole responsibility and authority to make the law, it has the sole responsibility and authority to impose the punishments it has determined appropriate for violation of the law 2 components of criminal law: o Substantive- determines what is illegal and the punishment for it o Procedural- determines the process involving the implementation of law Major Principles of Criminal law Mens rea- blameworthy state of mind o First step toward engaging in criminal behavior Actus Rea- guilty act
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o Where the bad though is converted into action Causation- result or consequences of the act o Cause and effect of the act o Degree of liability should the act be deemed criminal and the person responsible Legality- the slippery slope o If act is socially reprehensible, but does not violate the law there should not be legal focus o But if act is legally proscribed then punishment must be determined Harm- degree of harm resulting from the act o Goes to the degree of punishment that might be imposed Concurrence- if action coincides with the thought, there is intent then there’s premeditation o Premeditated acts that are illegal and causes harm then malice aforethought can be considered Punishment- if above conditions are met then people could be considered liable for their actions and subject to punishment The Correctional Ideologies Punishment , Control , Treatment, and Prevention The body of ideas and practices that pertain to the processing of offenders as determined by law. The Correctional Models Traditional o Offenders are evil; must either be destroyed or incapacitated o Must be separate from general society, no redeeming value Religious o Offenders out of touch with God; need to repent
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o Very big prior to separation of church and state Educational o Offenders uneducated, ill-prepared to work; need to be educated and trained Medical o Offenders sick; need to be made well o Criminality is a form of disease can be diagnosed, treated and rehabilitated Reintegration o Offenders excluded from a mainstream society that needs to be made more responsive to needs of all citizens, including offenders o Should not exclude, but incorporate them into the larger group and be supportive of them The philosophies of Emile Durkheim and Karl Marx, as related to punishment
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CCJS452 Exam 1 - The General Characteristics of Criminal Law Politicality o Only a recognized authority such as elected government can make law o

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