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Questions and Answers
What is a potential outcome of incapacitation according to the theories of punishment?
What is a potential outcome of incapacitation according to the theories of punishment?
- It can lead to indeterminate imprisonment if deemed a danger to society. (correct)
- It guarantees rehabilitation of the offender.
- It ensures proportional sentencing in all cases.
- It is primarily focused on deterrence.
Which principle governs the purpose of punishment as stated in various constitutional provisions?
Which principle governs the purpose of punishment as stated in various constitutional provisions?
- Punishment should only seek retribution.
- Punishment can ignore the offender's rights.
- Punishment must aim at re-educating the convicted. (correct)
- Punishment should act as a deterrent without limits.
During which phase of punitive power is general deterrence not considered the main purpose?
During which phase of punitive power is general deterrence not considered the main purpose?
- Threat stage
- Enforcement phase
- Sentencing phase (correct)
- Assessment phase
Which punitive philosophy contrasts with the classical school in Germany as represented by Franz von Liszt?
Which punitive philosophy contrasts with the classical school in Germany as represented by Franz von Liszt?
What is a key factor that must always be considered when applying punishment?
What is a key factor that must always be considered when applying punishment?
What is the primary justification according to absolute theories of punishment?
What is the primary justification according to absolute theories of punishment?
Which of the following best describes the approach of retributivism?
Which of the following best describes the approach of retributivism?
Which theory of retribution emphasizes a divine law as the basis for punishment?
Which theory of retribution emphasizes a divine law as the basis for punishment?
What distinguishes relative theories of punishment from absolute theories?
What distinguishes relative theories of punishment from absolute theories?
Legal retribution, according to Hegel, aims to:
Legal retribution, according to Hegel, aims to:
The forward-looking perspective of punishment is most closely associated with which of the following?
The forward-looking perspective of punishment is most closely associated with which of the following?
Which of the following is NOT a variation of retributive theories?
Which of the following is NOT a variation of retributive theories?
What is a key characteristic of preventive theories of punishment?
What is a key characteristic of preventive theories of punishment?
What constitutes a crime according to the possible definition provided?
What constitutes a crime according to the possible definition provided?
Which of the following is an example of a 'MALA IN SE' crime?
Which of the following is an example of a 'MALA IN SE' crime?
What is one key characteristic of criminal sanctions?
What is one key characteristic of criminal sanctions?
Which of the following represents the essence of punishment in criminal law?
Which of the following represents the essence of punishment in criminal law?
What distinguishes 'MALA QUIA PROHIBITA' from 'MALA IN SE' crimes?
What distinguishes 'MALA QUIA PROHIBITA' from 'MALA IN SE' crimes?
What is NOT a requirement for punishment to occur?
What is NOT a requirement for punishment to occur?
Which of the following statements about the internationalization of criminal law is accurate?
Which of the following statements about the internationalization of criminal law is accurate?
What must punishment NOT be considered as?
What must punishment NOT be considered as?
What is the primary function of punishment according to Utilitarianism?
What is the primary function of punishment according to Utilitarianism?
Which type of deterrence addresses the entire population to prevent crime?
Which type of deterrence addresses the entire population to prevent crime?
What does Negative Special Prevention specifically focus on?
What does Negative Special Prevention specifically focus on?
What does Kant’s moral objection emphasize about human beings in punishment contexts?
What does Kant’s moral objection emphasize about human beings in punishment contexts?
What is a significant criticism regarding the effectiveness of punishment as a deterrent?
What is a significant criticism regarding the effectiveness of punishment as a deterrent?
What approach does Positive Special Prevention advocate for in terms of punishment?
What approach does Positive Special Prevention advocate for in terms of punishment?
Which of the following statements best represents the concept of Empirical Objection in the context of deterrence?
Which of the following statements best represents the concept of Empirical Objection in the context of deterrence?
What is the aim of prevention within the Utilitarian framework?
What is the aim of prevention within the Utilitarian framework?
What does the principle of proportionality state regarding punishment?
What does the principle of proportionality state regarding punishment?
What does the principle of personal liability entail in the context of retributivism?
What does the principle of personal liability entail in the context of retributivism?
Which argument supports the concept of retribution as a form of debt repayment?
Which argument supports the concept of retribution as a form of debt repayment?
How do preventive theories justify punishment?
How do preventive theories justify punishment?
What is the underlying idea of Bentham's principle of utility?
What is the underlying idea of Bentham's principle of utility?
What criticism arises from the overlap between morality and law?
What criticism arises from the overlap between morality and law?
What concept is being challenged when questioning the state's authority to define right and wrong?
What concept is being challenged when questioning the state's authority to define right and wrong?
What type of prevention aims specifically at stopping the individual wrongdoer from committing future crimes?
What type of prevention aims specifically at stopping the individual wrongdoer from committing future crimes?
Flashcards
Criminal Law
Criminal Law
The branch of law that deals with crimes and their associated punishments.
Crime
Crime
A behavior considered wrong and harmful to society, punishable by the state.
Mala in Se Crimes
Mala in Se Crimes
A category of crime that is inherently wrong and harmful, regardless of specific laws. Examples include murder, theft, and assault.
Mala Prohibita Crimes
Mala Prohibita Crimes
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Formal Notion of Crime
Formal Notion of Crime
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Criminal Sanction
Criminal Sanction
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Personality of Criminal Liability
Personality of Criminal Liability
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Punishment
Punishment
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Retributivism
Retributivism
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Preventive Theories
Preventive Theories
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Absolute Theories
Absolute Theories
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Relative Theories
Relative Theories
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Divine Retribution
Divine Retribution
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Moral Retribution
Moral Retribution
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Legal Retribution
Legal Retribution
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Punishment to prevent future crimes
Punishment to prevent future crimes
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Retribution
Retribution
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Proportionality Principle
Proportionality Principle
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General Prevention
General Prevention
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Special Prevention
Special Prevention
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Bentham's Principle of Utility
Bentham's Principle of Utility
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Punishment as a Means to an End
Punishment as a Means to an End
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Punishment as Evil
Punishment as Evil
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Principle of Proportionality
Principle of Proportionality
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General Deterrence
General Deterrence
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Incapacitation
Incapacitation
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Rehabilitation
Rehabilitation
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Deterrence
Deterrence
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Specific (or Individual) Deterrence
Specific (or Individual) Deterrence
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Kant's Moral Objection to Punishment
Kant's Moral Objection to Punishment
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Violation of Proportionality
Violation of Proportionality
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Empirical Objection to Deterrence
Empirical Objection to Deterrence
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Study Notes
Introduction to Criminal Law
- Criminal law governs crimes and their punishments.
- Criminal law involves punishment.
What is a Crime?
- There's no universally accepted definition of crime.
- A potential definition is an offense considered a public wrong, punishable by the state.
- Distinctions include mala in se (natural crimes, universally recognised) and mala quia prohibita (crimes because of legislation).
The Concept of Punishment
- Punishment must be for breaking the law, of a person, involving loss, and inflicted by the state.
- Punishment is not meant to compensate.
Globalization of Criminal Law
- Criminal law is primarily national, within state sovereignty.
- Internationalization impacts national laws, with international criminal law (ICL) systems and supranational impacts.
- UE law and human rights law (e.g., European Court of Human Rights, Inter-American Court of Human Rights, African Court on Human and People's Rights) play a role.
Theories of Punishment
Retributivism
- Also known as the "just desert" theory.
- Punishment is justified because the offender deserves it, due to committing the crime.
- Rejects private vengeance; it's a state-sanctioned response.
- Varieties include divine, moral, and legal retribution.
- Explanations for retributivism include free will, debt to society, and unfair advantage removal.
- Implications: principles of personality (punishing the person who committed the crime) and proportionality (fitting the punishment to the crime).
- Criticism: overlaps with morality, subjective morality, and difficulty of determining "just" punishment.
Prevention
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Forward-looking perspective to punish to deter future crimes.
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Utilitarianism (Bentham, Feuerbach) - the purpose of law is the greatest happiness for the greatest number.
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Punishment is "evil" but justified if it prevents greater harm.
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Punishment functions as deterrence (general preventing others or specific deterring the offender ).
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Critiques of Utilitarianism - Kant's moral objection to instrumentalizing people and issues of proportionality.
- Empirical criticisms concern whether punishment deter crime effectively and negative effects of incarceration.
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Different forms of prevention include general (general public), special (offender-specific), negative (deterrence/incapacitation), and positive (rehabilitation).
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Incapacitation - Neutralizes dangerous criminals (a form of special negative prevention - preventing them from repeating).
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Rehabilitation - aims to reform the offender (a form of special positive prevention).
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Critiques of the different forms of prevention address effective rehabilitation, leading to disproportionate prison sentences or the criminogenic effect.
Polifunctionality of Punishment and Constitutional Principles
- Punishment functions in several ways (retribution, deterrence, incapacitation, rehabilitation).
- Constitutional principles often address proportionality and re-education goals .
Functions of Punishment in Stages
- The threat of punishment (criminal provisions) aims for general deterrence.
- Sentencing's focus is more on special deterrence and proportionality.
- Enforcement focuses on special prevention.
Influence on Criminal Law Schools
- Retributivism and Utilitarianism concepts influenced the development of criminal law schools in Germany and Italy.
- Examples include the classical vs. positive schools, conflict between general interest and individual freedoms.
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