CRW2601 Criminal law: general principles
Questions with Verified Correct Answers
Absolute theory of punishment
-Punishment is an end in itself
- Just dessert
-Retrospective
-Equal proportion between degree of punishment and degree of harm
-Expression of societies condemnation of crime
-Retribution explains culpability requirements
Retribution
Restoring of legal balance which has been disturbed by commission of the crime. Punishment
is the payment of the payment of the account which, criminal owes to society.
Relative theory
Punishment is only a means to a secondary end/purpose
Preventive theory
Purpose: preventing crime
-can overlap with other relative theories
-before this theory can be applied there must be a real possibility that the offender will again
commit a crime
Deterrent theory
Purpose: determining individual/ society from commuting a crime.
Individual deterrents
,Teach individuals lessons to deter him from committing crimes in future.
Undermined by high % of recidivists
General deterrence
-Deter society as a whole from committing a crime
- Efficiency of theory does not only depend on severity of the punishment- also probability
that offender will be caught, convicted and serve sentence.
-Criticism:
1. assumes man rationally weighs action before doing.
2. Cannot be proved
3. permits disproportionate punishment
Reformative theory
Purpose: reforming the criminal
emphasis on person/ personality of offender who commits crime due to personality defect/
psychological, factor flowing from background.
Criticism: 1. Length of rehab 2. disproportionate punishment 3 effective only on young
offenders. 4. idea, not reality. 5. Not necessary to wait for commission of crime 6.
depersonalizes offender, undermines culpability
Combination theory
Courts apply combination of theories
retributive theory indispensable- only theory that requires proportional relationships bet harm
and punishment.
3 factors courts must take into account when sentencing
, 1. crime-degree of harm/ seriousness of violation
2. Criminal- personal circumstances of offender
3. interest of society- society must be deterred, righteous, indignation of society must be
given expression.
elements of criminal liability
1. Act or conduct
2. Compliance with the definition elements of the crime
3. Unlawfulness
4. Culpability
act of conduct
act or omission, voluntary
Unlawfulness
Contrary to law = denominational elements + absence of grounds of justification
Culpability
a. Criminal capacity - mental abilities
- appreciate wrongfulness of his/her at
- act in accordance with appreciation
b. Intention/ negligence
Crimes
- Public interest
- Public Law
- State prosecutes
Questions with Verified Correct Answers
Absolute theory of punishment
-Punishment is an end in itself
- Just dessert
-Retrospective
-Equal proportion between degree of punishment and degree of harm
-Expression of societies condemnation of crime
-Retribution explains culpability requirements
Retribution
Restoring of legal balance which has been disturbed by commission of the crime. Punishment
is the payment of the payment of the account which, criminal owes to society.
Relative theory
Punishment is only a means to a secondary end/purpose
Preventive theory
Purpose: preventing crime
-can overlap with other relative theories
-before this theory can be applied there must be a real possibility that the offender will again
commit a crime
Deterrent theory
Purpose: determining individual/ society from commuting a crime.
Individual deterrents
,Teach individuals lessons to deter him from committing crimes in future.
Undermined by high % of recidivists
General deterrence
-Deter society as a whole from committing a crime
- Efficiency of theory does not only depend on severity of the punishment- also probability
that offender will be caught, convicted and serve sentence.
-Criticism:
1. assumes man rationally weighs action before doing.
2. Cannot be proved
3. permits disproportionate punishment
Reformative theory
Purpose: reforming the criminal
emphasis on person/ personality of offender who commits crime due to personality defect/
psychological, factor flowing from background.
Criticism: 1. Length of rehab 2. disproportionate punishment 3 effective only on young
offenders. 4. idea, not reality. 5. Not necessary to wait for commission of crime 6.
depersonalizes offender, undermines culpability
Combination theory
Courts apply combination of theories
retributive theory indispensable- only theory that requires proportional relationships bet harm
and punishment.
3 factors courts must take into account when sentencing
, 1. crime-degree of harm/ seriousness of violation
2. Criminal- personal circumstances of offender
3. interest of society- society must be deterred, righteous, indignation of society must be
given expression.
elements of criminal liability
1. Act or conduct
2. Compliance with the definition elements of the crime
3. Unlawfulness
4. Culpability
act of conduct
act or omission, voluntary
Unlawfulness
Contrary to law = denominational elements + absence of grounds of justification
Culpability
a. Criminal capacity - mental abilities
- appreciate wrongfulness of his/her at
- act in accordance with appreciation
b. Intention/ negligence
Crimes
- Public interest
- Public Law
- State prosecutes
