Untitled Quiz

Retributive Theory: Focuses on the wrongdoer deserving punishment for their actions. Aims to impose punishment proportionate to the harm caused. Looks backward to the past wrong.
Utilitarian Theory: Seeks to maximize societal welfare by preventing future crimes. Punishment is a means to achieve this end. Looks forward to future benefits.
Mixed-Theory: Combines elements of both retributive and utilitarian approaches.

Restorative Justice: Aims to repair the harm caused by a crime by involving all stakeholders (victims, offenders, communities). Focused on accountability and healing.
Abolition: Advocates for the complete dismantling of the current criminal justice system, arguing for alternative approaches to resolving harm.
Transformative Justice: Aims to address root causes of crime and violence within communities. Seeks to empower victims and create more just societies.
Decision Making and Discretion: Discusses the discretion held by various actors in the system(judges, prosecutors, juries). Discusses how factors in decision-making include policies, guidelines and limits, along with trends and critiques.

Actus Reus: The guilty act.
Mens Rea: The guilty mind/intent.
Strict Liability: Liability without the need to prove intent, usually for regulatory offenses.

Flow Chart: Outlines the different types of murder and manslaughter based on intention and circumstances.
Murder: The unlawful killing of another human being with malice aforethought.
Manslaughter: The unlawful killing that lacks the malice aforethought of murder.
Mitigating Murder to Manslaughter: Determining whether or not the act constitutes of murder or manslaughter and how mitigating factors can influence decisions.

Background: Discusses the prevalence, legal reforms, and historical context of sexual assault.
Legal Reform: Outlines changes made to definitions, and degrees of punishment as well as abolishing exceptions.
Elements of the Law: Outlines the necessary elements (actus reus and mens rea) required to prove sexual assault and focuses on the use of force or physical incapacitation to overcome resistance.
Actus Reus of Rape: Describes the conduct element emphasizing the "no means yes" approach.
Defective Consent: Covers cases where consent is negated due to immaturity, or disabilities like mental illness or incapacity.

Background: Explains why unsuccessful attempts to commit crimes are punishable.
Elements: Specifies the required elements of criminal attempts.
Incompletion vs. Imperfection: Discusses the difference in cases where an attempted crime was unsuccessful vs one that was imperfect in some way.
Defenses: Details defenses such as factual and inherent factual impossibility.

Justification: Defenses where the act might still be acceptable (self defense)
Excuse: Defenses where, even without justification, the act should be excused (insanity)
Self-Defense: Protecting oneself from imminent harm.
Insanity Defense: A legal defense where the defendant's state of mind at the time of the crime is deemed not criminally responsible.

Background: Explains how acts are linked to results and circumstances. Includes "but-for" testing, intervening causes, and proximate causes. Describes how a cause is considered “sufficient,”
Proximate Cause: Specifies how closely linked must the act and result be for liability.

Right to a Jury: Details the circumstances in which defendants are entitled to a jury trial, for example, serious non-petty offenses.
Jury Nullification: Discusses when a jury can disregard the facts and law as written by the statue in certain situations.
Voir Dire: Describes the process of jury selection, specifically through “for cause” challenges or peremptory challenges.

Common Law: Specifies conditions, based on the circumstances and how these circumstances influence if the crime was murder or manslaughter.
Intentional Manslaughter: Determining in the common law system, how the circumstances could mitigate a murder to manslaughter, for example, by provocation or passion.

General Rule: Explains the common law's exception for criminal or moral wrongs (not legally wrong)
Exceptions: Describes limited circumstances where strict liability might apply, for example, statues or regulatory offences.