Lanier and Henry Chapters 1-3
Structural Forces: institutions, heathen forces, religion
Due Process: everybody is subject to the rightfulness
Beccara: Crimes and Punishment-challenged idea that humilitary personnel beings are predestined to fill certain social statuses
symbolization: laws made as a response to a horrendous event (Chelseas Law)
Utilitarianism (Beccaria and Bentham) VS Conte
Utilitarianism| Conte|
Individual Rights have priority everyplace states interests| Criminals deserve punishment|
Innocent until turn up guilty| doesnt care about why nation commit crime|
Severity of punishment should just surmount the benefit derived from the crime| needs of society dont matter|
BART Officer: shot a man at the station who had appeared to be complying with the law
-Guilty of involuntary manslaughter; served 7 months in prison
Criminology: driven by the desire to control crime
-Does this undermine the value-neutral stead generally considered essential for science?
Science is supposed to obviously ascertain facts, not propose policy
Victimology
-Emphasizes role of victim in criminal proceedings
-Formal law is supposed to prevent the chaos of revenge
-In formalism, disorganized revenge is minimized
-Prosecutors have emphasized victims in their decision devising and have victims advocacy departments
What is crime?
-Acts that are prohibited, prosecuted and punished by criminal law and enforced by a staff with legitimate power to enforce
-Defined by law (penal codes)
Case Law
-Brady Vs Maryland requires prosecutors to turn over evidence
-Roe Vs Wade forbids laws outlawing abortion
-Criminal law requires that a criminal act have 2 aspects:
-Actus Reus (a mischievousness act)
-Mens Rea (guilty mind or intent)
-Exceptions for strict liability behaviors
-Ignorance of law is no excuse
-Statutory rape
-Selling alcohol to minors
-Legal definitions of crimes are historically contingent
-Slavery was legal...If you want to get a full essay, order it on our website: Orderessay
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