Principles of Criminal Law
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Questions and Answers

What can indeterminate imprisonment lead to if a criminal is deemed a danger to society?

  • Community service requirement
  • Disproportionate sentence (correct)
  • Light sentence
  • Rehabilitation funds

Which approach emphasizes the effectiveness of incarceration as a criminogenic effect?

  • General deterrence
  • Rehabilitation
  • Retributivism
  • Individual deterrence (correct)

Which principle must be considered during the sentencing phase according to punishment theory?

  • Economic deterrence
  • Limit of impartiality
  • Retributive justice
  • Limit of proportionality (correct)

What does the re-education principle suggest about the purposes of punishment?

<p>Punishment aims at re-educating the convicted. (B)</p> Signup and view all the answers

What is the main focus during the enforcement phase of punitive power?

<p>Special prevention (D)</p> Signup and view all the answers

What is a possible definition of a crime?

<p>An offence considered as a public wrong. (C)</p> Signup and view all the answers

Which of the following best describes 'MALA IN SE' crimes?

<p>Natural crimes recognized universally. (D)</p> Signup and view all the answers

What is a characteristic of criminal sanctions?

<p>They involve punishment for breaking the law. (D)</p> Signup and view all the answers

Which of the following is NOT a requirement for punishment under criminal law?

<p>It must involve a public trial. (A)</p> Signup and view all the answers

What distinguishes 'MALA QUIA PROHIBITA' crimes from other crimes?

<p>They are crimes solely due to legal prohibition. (A)</p> Signup and view all the answers

What distinguishes absolute theories of punishment from relative theories?

<p>Absolute theories justify punishment in itself. (A)</p> Signup and view all the answers

Which of the following statements best describes retributivism?

<p>The offender deserves punishment because a crime has been committed. (B)</p> Signup and view all the answers

Which statement accurately reflects the nature of punishment in criminal law?

<p>Punishment must involve some degree of sufferance. (A)</p> Signup and view all the answers

What does the globalization of criminal law refer to?

<p>The process of internationalization of criminal law. (D)</p> Signup and view all the answers

Divine retribution as a theory of punishment is primarily concerned with what aspect?

<p>Restoring divine justice as a mandate from God. (D)</p> Signup and view all the answers

What is a key characteristic of preventive theories of punishment?

<p>They have a forward-looking perspective. (C)</p> Signup and view all the answers

Why is punishment in criminal law considered non-compensative?

<p>It serves as retribution to society rather than the victim. (A)</p> Signup and view all the answers

Which variation of retributive theory emphasizes the violation of ethical principles?

<p>Moral retribution (C)</p> Signup and view all the answers

What is the primary function of punishment according to Utilitarians?

<p>Deterrence (A)</p> Signup and view all the answers

The phrase 'punitur quia peccatum est' relates to which concept of punishment?

<p>Punishment justified in itself. (D)</p> Signup and view all the answers

What criticism does Kant raise against the use of punishment for preventive purposes?

<p>Humans should not be instrumentalized for ends (D)</p> Signup and view all the answers

What is the main focus of legal retribution as a theory of punishment?

<p>Re-establishing violated legal order symbolically. (D)</p> Signup and view all the answers

What is a key concern regarding general prevention highlighted in the content?

<p>It can lead to excessive penalties (C)</p> Signup and view all the answers

Retributive theories are characterized by which of the following aspects?

<p>They emphasize punishment as a reaction to crime. (C)</p> Signup and view all the answers

What is the term used to describe the physical prevention of dangerous individuals from committing further crimes?

<p>Incapacitation (B)</p> Signup and view all the answers

What aspect of punishment is associated with positive steps to reform a criminal?

<p>Rehabilitation (D)</p> Signup and view all the answers

Which type of deterrence aims to prevent a specific individual from committing further crimes?

<p>Specific Deterrence (C)</p> Signup and view all the answers

What is a significant problem associated with individual deterrence as mentioned in the content?

<p>High recidivism rates (B)</p> Signup and view all the answers

What approach does the content suggest is necessary for effective rehabilitation?

<p>Educational and training programs (D)</p> Signup and view all the answers

What does the principle of proportionality emphasize in the context of retributivism?

<p>Punishment should fit the crime committed. (D)</p> Signup and view all the answers

Which argument supports the idea that offenders owe a 'debt' to society?

<p>Debt 'pay-back' advocates for punishment as restitution. (C)</p> Signup and view all the answers

Which critique of retributivism addresses the intersection of morality and law?

<p>The subjectivity of morality and its implications. (B)</p> Signup and view all the answers

What is the goal of general prevention in terms of punishment?

<p>To deter all citizens from committing crimes. (B)</p> Signup and view all the answers

How does utilitarianism justify punishment?

<p>Punishment must prevent a greater evil, such as crime. (B)</p> Signup and view all the answers

The principle of personal liability in retributivism focuses on which aspect of criminal justice?

<p>Only punishing those who are morally blameworthy. (B)</p> Signup and view all the answers

Which of the following concepts is NOT aligned with the idea of retributivism?

<p>Punishment solely to prevent future crime. (B)</p> Signup and view all the answers

What concept does Jeremy Bentham’s principle of utility advocate regarding punishment?

<p>Punishment must aim to produce societal happiness. (B)</p> Signup and view all the answers

Flashcards

Special prevention

The idea that punishment should prevent future crime by making the offender less likely to re-offend.

General deterrence

The idea that punishment should prevent others from committing similar crimes by showing them the consequences of wrongdoing.

Principle of Proportionality

Punishment should be proportionate to the crime committed. No more, no less.

Retributivism

A theory of punishment that emphasizes the moral desert of the offender and the need for just retribution for wrongdoing. It focuses on the act itself and the harm caused.

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Utilitarianism

A theory of punishment that emphasizes the consequences of punishment. It aims to reduce crime by deterring offenders and protecting society.

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What is Criminal Law?

The branch of law that regulates crimes and their punishments.

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What is a Crime?

An act considered wrong against society and subject to legal penalties.

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What is a 'Mala in Se' crime?

A crime universally recognized as wrong, regardless of location or culture (e.g., murder, theft).

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What is a 'Mala Quia Prohibita' crime?

A crime that is only illegal because a specific law prohibits it (e.g., speeding, gambling).

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What is the Formal Notion of a Crime?

Offenses that are subject to criminal penalties, including punishment.

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What is the Personality of Criminal Liability?

The application of punishment to an individual for breaking the law.

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What is Punishment?

The infliction of pain or suffering by the state as a consequence of a crime.

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Criminal Law as a National Law

Criminal law is primarily the responsibility of individual nations.

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Retributive Theory

Punishment is seen as justified because it is a response to the crime itself, regardless of the benefits it may bring.

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Preventive Theories

Punishment is aimed at preventing future crimes, not just responding to past ones.

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Just Desert

A legal principle that assumes an offender deserves to be punished because they have committed a crime.

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Absolute Theories of Punishment

They are based on the idea that punishment is justified in itself, regardless of its usefulness in preventing future crimes.

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Relative Theories of Punishment

These theories justify punishment based on its ability to prevent future crimes.

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Legal Retribution

The offender deserves to be punished because they have broken the law.

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Moral Retribution

Punishment is seen as a moral imperative to compensate for the violation of ethical values that the crime caused.

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Divine Retribution

The person who commits the crime also violates a divine law, offending God, who therefore delegates judges to restore divine justice.

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Deterrence

Punishment is used to deter individuals from committing crimes by making the potential consequences outweigh the perceived benefits.

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Specific Deterrence

Deterrence focuses on preventing a specific individual from re-offending by demonstrating the negative consequences of their actions.

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Proportionality

The idea that punishment should be proportionate to the crime committed, avoiding excessive penalties.

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Incapacitation

Punishment aims to prevent crime by reducing opportunities for crime to occur, physically preventing dangerous individuals from acting.

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Rehabilitation

Punishment focuses on reforming criminals so they no longer desire to commit crimes, aiming to improve their character and behavior.

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Criminogenic Effect

Punishment can sometimes have the unintended effect of increasing criminal behavior, making it more likely that individuals will re-offend.

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Kant's Moral Objection

The principle that human beings have intrinsic value and should never be treated merely as means to achieve another's goals.

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Retribution: Free Will

This theory focuses on the offender's free choice to commit a crime and emphasizes that punishment is a necessary consequence for their actions.

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Retribution: Debt

Retribution argues that the offender owes a debt to society for their crime and punishment is the way to repay that debt.

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Retribution: Unfair Advantage

This principle suggests that by punishing the offender, society removes the unfair advantage they gained by committing the crime.

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Principle of Personality of Criminal Liability

A core principle of retribution stating that only the person who committed the crime, and who was responsible for it, can be punished.

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Retribution Criticism: Morality and Law

A criticism of retributive theory that questions the State's right to define morality and its authority to impose punishment based on its subjective moral views.

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Preventive Theories of Punishment

This forward-looking theory argues that punishment is justified to deter future crime.

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General Prevention

A form of preventative punishment aiming to discourage all members of society from committing crimes.

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Study Notes

Principles of Criminal Law

  • Criminal law governs crimes and their associated sanctions.
  • Criminal law involves punishment.

What is a Crime?

  • A crime is an offense against society, with society having the right to punish.
  • There's no universally accepted definition of crime.
  • Possible definitions include: offenses considered public wrongs, punishable by society.
  • Distinction between mala in se (inherently wrong) and mala prohibitum (wrong because prohibited).

What is a Crime? (Formal Notion)

  • Crimes are offenses sanctioned with criminal sanctions.
  • Criminal sanctions involve punishment.

The Concept of "Punishment"

  • Punishment is a response to a crime.
  • Punishment must target the individual responsible for the crime.
  • Punishment involves a loss (infliction of pain).
  • Punishment must be by state/public authority.
  • Punishment is not compensatory.

The Globalization of Criminal Law

  • Criminal law exists as a national law under state sovereignty.
  • International criminal law systems influence national systems.
  • Supranational laws (e.g., from the EU) impact national criminal systems.
  • Examples of supranational human rights organizations include The European Court of Human Rights, Inter-American Court of Human Rights, and African Court on Human and Peoples' Rights.

Theories of Punishment

  • Punishment is a significant power held by the state, requiring justification.
  • Philosophies differ on what constitutes a just justification.

Retribution

  • Retributivism is a backward-looking theory of punishment (based on past crimes).

  • The offender deserves punishment because they committed the crime.

  • It's an absolute theory: justified in itself.

  • It aims to stop private revenge.

  • Variants include divine, moral, and legal retribution philosophies.

  • Arguments for retribution: free will (responsibility for choices), debt/payback for harm, and preventing unfair advantage for criminals.

  • Implications for retributivism: principle of personality (punishing only those responsible and blameworthy), principle of proportionality (punishment must fit the crime).

  • Criticism of retribution:

    • overlap between morality and law (subjectivity of what is "wrong"),
    • the "just" (or proportionate) form of punishment in moral perspectives (consideration of compassion, mercy, and forgiveness).

Prevention

  • Preventive theories are forward-looking, focusing on future crimes.

  • Punishment aims to deter future crimes.

  • Types of prevention include general deterrence (deterring all citizens) and special deterrence (deterring specific individuals).

  • Utilitarianism is a theory that supports the greatest happiness for the greatest number.

  • Punishment as a means to an end, and community protection is the goal of punishment.

  • Deterrence functions by balancing punishments and potential criminal activities.

  • The concept of deterrence is based on human rationality (individuals considering pleasure and pain).

  • Criticism of prevention:

    • moral objection (instrumentalization of humans through deterrence),
    • violation of proportionality (punishment becoming too severe for crimes), and
    • empirical objection (measuring the effectiveness of punishment as a deterrent).

  • Special/individual deterrence methods (negative - incapacitation, positive – rehabilitation).

  • Incapacitation neutralizes danger posed by criminal acts.

  • Rehabilitation aims to lead to positive social transformation of the criminal.

  • Criticism of Prevention:

    • incapacitation issues (indeterminate sentences/danger to the public),
    • individual deterrence (criminogenic effects of confinement/high recidivism), and
    • rehabilitation (ineffectiveness of imposing rehabilitation, moral and ethical questions.)

Retributivism and Utilitarianism (Clash)

  • Influence on various schools of criminal law (19th century schools).
  • Classical versus progressive schools.

Polifunctionality of Punishment (Constitutional Principles)

  • Coexistence of various functions (retribution, deterrence, incapacitation, rehabilitation).
  • Limitations on proportionality.
  • Constitutional principles (e.g., in Italy and Spain) emphasize re-education/rehabilitation as aims of punishment.

Functions of Punishment

  • Stages of punitive power include the threat stage (criminal provision), sentencing phase, and enforcement phase.
  • General deterrence during the threat stage; various aims at sentencing and enforcement phase.
  • Limitations on proportionality.

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Description

This quiz explores the fundamental principles of criminal law, including definitions of crime, the notion of punishment, and the impact of globalization on national legal systems. Test your understanding of the key concepts that govern crimes and sanctions within society.

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