CRIMINAL LAW GENERAL PRINCIPLES (CRW2601)
EXAM QUESTIONS WITH CORRECT ANSWERS
Absolute theory of punishment - VERIFIED ANSWER--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 - VERIFIED ANSWER-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 - VERIFIED ANSWER-Punishment is only a means to a secondary end/purpose
Preventive theory - VERIFIED ANSWER-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 - VERIFIED ANSWER-Purpose: determining individual/ society from commuting a
crime.
Individual deterrents - VERIFIED ANSWER-Teach individuals lessons to deter him from committing
crimes in future.
Undermined by high % of recidivists
General deterrence - VERIFIED ANSWER--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 - VERIFIED ANSWER-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 - VERIFIED ANSWER-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 - VERIFIED ANSWER-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 - VERIFIED ANSWER-1. Act or conduct
2. Compliance with the definition elements of the crime
3. Unlawfulness
4. Culpability
act of conduct - VERIFIED ANSWER-act or omission, voluntary
EXAM QUESTIONS WITH CORRECT ANSWERS
Absolute theory of punishment - VERIFIED ANSWER--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 - VERIFIED ANSWER-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 - VERIFIED ANSWER-Punishment is only a means to a secondary end/purpose
Preventive theory - VERIFIED ANSWER-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 - VERIFIED ANSWER-Purpose: determining individual/ society from commuting a
crime.
Individual deterrents - VERIFIED ANSWER-Teach individuals lessons to deter him from committing
crimes in future.
Undermined by high % of recidivists
General deterrence - VERIFIED ANSWER--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 - VERIFIED ANSWER-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 - VERIFIED ANSWER-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 - VERIFIED ANSWER-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 - VERIFIED ANSWER-1. Act or conduct
2. Compliance with the definition elements of the crime
3. Unlawfulness
4. Culpability
act of conduct - VERIFIED ANSWER-act or omission, voluntary
