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CrimLaw[1] - Criminal Law Theories of Crime Retributivism...

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Criminal Law Theories of Crime - Retributivism - looks backwards. o Look at the individual and what they did. o How bad were you? o So bad- you have to be punished. o Don’t care about deterrence/rehabilitations- only want to punish. o Moral obligation. - Utilitarian - (Bentham) – look forward. o What can society get out of the punishment. o Looking more at what is good for society. o DEF: Best policy is the one that does the most good for the most ppl. - Purpose of Criminal Law o Deterrence General Deterrence – to deter the public from commiting crime. Specific Deterrence - to deter a particular individual from committing crimes in the future. o Incapacitation – to hold an offender in custody to prevent them from committing crime. o Rehabilitation - the process of seeking to improve a criminal’s character and outlook so that he or she can function in society without committing other crimes. o Retribution – to pay back debt to society for crimes. - Roles of the Courts – o Trial Court – fact finder o Appeals Court - not fact finder; review case in light of the appellant, assuming all evidence is there, proof beyond a reasonable doubt. - Classifications of Crimes o Felonies – possible penalties of more than 1 year. o Misdemeanors – possible penalties of 1 year or less. - Elements of Crime o Mens Res – the mental aspect of the crime. o Actus Reus – the actual commission of the crime. HOMICIDE Common Law Murder 4 Types: - Intent to Kill – acting with the want for the specific result of death.
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- Intent to injure – acting with an intent to cause severe harm but resulted in death. - Conscious disregard for life – acting in a negligent way which shows a disregard for the risk of death. - Felony Murder – death the is the result of or happened during the course or escape from a felony. o No particular Mens Rea is required. Ex. Defendant wanted to see his high school basketball team win the game, so he took out a gun and shot at the leg of a player on the opposing team. Defendant only wanted to hurt the player, but he unintentionally shot a player from his school in the chest killing him. Guilty of murder intent to injure but resulted in death. Common Law Manslaughter Voluntary – having the intent to kill but with mitigating circumstances. - Heat of passion o Adequate Provocation: - What would provoke reasonable person, Spousal infidelity, Rape. o No reasonable cooling off period. - Imperfect privilege o Unreasonable belief that life is in danger o Use of excessive force in self defense, OR o D was initial aggressor Involuntary Manslaughter – intended harm but not result of death by: o Gross Negligence – disregard of reasonable standard of care. o Misdemeanor – killing that is done during the course of committing or the result of a misdemeanor.
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