CRW2601 UPDATED ACTUAL EXAM
QUESTIONS AND CORRECT ANSWERS
●● Retribution
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
Answer: Punishment is only a means to a secondary end/purpose
●● Preventive theory
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
Answer: Purpose: determining individual/ society from commuting a
crime.
●● Individual deterrents
,Answer: Teach individuals lessons to deter him from committing crimes
in future.
Undermined by high % of recidivists
●● General deterrence
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
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
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
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
Answer: 1. Act or conduct
2. Compliance with the definition elements of the crime
3. Unlawfulness
4. Culpability
●● act of conduct
Answer: act or omission, voluntary
●● Unlawfulness
Answer: Contrary to law = denominational elements + absence of
grounds of justification
●● Culpability
QUESTIONS AND CORRECT ANSWERS
●● Retribution
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
Answer: Punishment is only a means to a secondary end/purpose
●● Preventive theory
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
Answer: Purpose: determining individual/ society from commuting a
crime.
●● Individual deterrents
,Answer: Teach individuals lessons to deter him from committing crimes
in future.
Undermined by high % of recidivists
●● General deterrence
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
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
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
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
Answer: 1. Act or conduct
2. Compliance with the definition elements of the crime
3. Unlawfulness
4. Culpability
●● act of conduct
Answer: act or omission, voluntary
●● Unlawfulness
Answer: Contrary to law = denominational elements + absence of
grounds of justification
●● Culpability
