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What can indeterminate imprisonment lead to if a criminal is deemed a danger to society?
What can indeterminate imprisonment lead to if a criminal is deemed a danger to society?
Which approach emphasizes the effectiveness of incarceration as a criminogenic effect?
Which approach emphasizes the effectiveness of incarceration as a criminogenic effect?
Which principle must be considered during the sentencing phase according to punishment theory?
Which principle must be considered during the sentencing phase according to punishment theory?
What does the re-education principle suggest about the purposes of punishment?
What does the re-education principle suggest about the purposes of punishment?
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What is the main focus during the enforcement phase of punitive power?
What is the main focus during the enforcement phase of punitive power?
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What is a possible definition of a crime?
What is a possible definition of a crime?
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Which of the following best describes 'MALA IN SE' crimes?
Which of the following best describes 'MALA IN SE' crimes?
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What is a characteristic of criminal sanctions?
What is a characteristic of criminal sanctions?
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Which of the following is NOT a requirement for punishment under criminal law?
Which of the following is NOT a requirement for punishment under criminal law?
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What distinguishes 'MALA QUIA PROHIBITA' crimes from other crimes?
What distinguishes 'MALA QUIA PROHIBITA' crimes from other crimes?
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What distinguishes absolute theories of punishment from relative theories?
What distinguishes absolute theories of punishment from relative theories?
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Which of the following statements best describes retributivism?
Which of the following statements best describes retributivism?
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Which statement accurately reflects the nature of punishment in criminal law?
Which statement accurately reflects the nature of punishment in criminal law?
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What does the globalization of criminal law refer to?
What does the globalization of criminal law refer to?
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Divine retribution as a theory of punishment is primarily concerned with what aspect?
Divine retribution as a theory of punishment is primarily concerned with what aspect?
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What is a key characteristic of preventive theories of punishment?
What is a key characteristic of preventive theories of punishment?
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Why is punishment in criminal law considered non-compensative?
Why is punishment in criminal law considered non-compensative?
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Which variation of retributive theory emphasizes the violation of ethical principles?
Which variation of retributive theory emphasizes the violation of ethical principles?
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What is the primary function of punishment according to Utilitarians?
What is the primary function of punishment according to Utilitarians?
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The phrase 'punitur quia peccatum est' relates to which concept of punishment?
The phrase 'punitur quia peccatum est' relates to which concept of punishment?
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What criticism does Kant raise against the use of punishment for preventive purposes?
What criticism does Kant raise against the use of punishment for preventive purposes?
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What is the main focus of legal retribution as a theory of punishment?
What is the main focus of legal retribution as a theory of punishment?
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What is a key concern regarding general prevention highlighted in the content?
What is a key concern regarding general prevention highlighted in the content?
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Retributive theories are characterized by which of the following aspects?
Retributive theories are characterized by which of the following aspects?
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What is the term used to describe the physical prevention of dangerous individuals from committing further crimes?
What is the term used to describe the physical prevention of dangerous individuals from committing further crimes?
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What aspect of punishment is associated with positive steps to reform a criminal?
What aspect of punishment is associated with positive steps to reform a criminal?
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Which type of deterrence aims to prevent a specific individual from committing further crimes?
Which type of deterrence aims to prevent a specific individual from committing further crimes?
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What is a significant problem associated with individual deterrence as mentioned in the content?
What is a significant problem associated with individual deterrence as mentioned in the content?
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What approach does the content suggest is necessary for effective rehabilitation?
What approach does the content suggest is necessary for effective rehabilitation?
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What does the principle of proportionality emphasize in the context of retributivism?
What does the principle of proportionality emphasize in the context of retributivism?
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Which argument supports the idea that offenders owe a 'debt' to society?
Which argument supports the idea that offenders owe a 'debt' to society?
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Which critique of retributivism addresses the intersection of morality and law?
Which critique of retributivism addresses the intersection of morality and law?
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What is the goal of general prevention in terms of punishment?
What is the goal of general prevention in terms of punishment?
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How does utilitarianism justify punishment?
How does utilitarianism justify punishment?
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The principle of personal liability in retributivism focuses on which aspect of criminal justice?
The principle of personal liability in retributivism focuses on which aspect of criminal justice?
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Which of the following concepts is NOT aligned with the idea of retributivism?
Which of the following concepts is NOT aligned with the idea of retributivism?
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What concept does Jeremy Bentham’s principle of utility advocate regarding punishment?
What concept does Jeremy Bentham’s principle of utility advocate regarding punishment?
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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
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Retributivism is a backward-looking theory of punishment (based on past crimes).
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The offender deserves punishment because they committed the crime.
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It's an absolute theory: justified in itself.
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It aims to stop private revenge.
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Variants include divine, moral, and legal retribution philosophies.
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Arguments for retribution: free will (responsibility for choices), debt/payback for harm, and preventing unfair advantage for criminals.
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Implications for retributivism: principle of personality (punishing only those responsible and blameworthy), principle of proportionality (punishment must fit the crime).
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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
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Preventive theories are forward-looking, focusing on future crimes.
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Punishment aims to deter future crimes.
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Types of prevention include general deterrence (deterring all citizens) and special deterrence (deterring specific individuals).
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Utilitarianism is a theory that supports the greatest happiness for the greatest number.
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Punishment as a means to an end, and community protection is the goal of punishment.
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Deterrence functions by balancing punishments and potential criminal activities.
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The concept of deterrence is based on human rationality (individuals considering pleasure and pain).
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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).
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Special/individual deterrence methods (negative - incapacitation, positive – rehabilitation).
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Incapacitation neutralizes danger posed by criminal acts.
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Rehabilitation aims to lead to positive social transformation of the criminal.
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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.
