Deterrence - this is something intended to discourage someone from commiting a crime through instilling fear as to the consequences for their actions. There are two types of deterrence - specific deterrence and general deterrence.
Retribution - its purpose of punishment is to administer justice - a deserved or morally right consequence to the offender that committed the crime.
Rehabilitation - this punishment aims to reform an offender’s behaviour from reoccurring and prevent recidivism. This is achieved by conducting sentencing options and programs including anger management courses, alcohol programs as well as drug rehabilitation and counselling programs.
Incapacitation …show more content…
The prosecution establishes this by proving the accused carried out this act by using witness testimony and physical evidence.
Mens rea is a term meaning the ‘guilty mind’ of the accused’s mental state. The prosecution establishes this by proving that the accused to the necessary degree intended to commit the crime.
There are three main levels of mens rea which are: Intention, Recklessness, and Criminal negligence
Causation is a term referring to the relationship between the cause of the accused behaviour or actions and the effect of that, the result in committing the crime. The prosecution establishes this usually by proving the actus reus and also proving the substantial link between the act and the crime.
During the investigation process the four young people were questioned as to their knowledge of the murder. A month after the murder took place one of the teenagers was arrested and charged with murder. One of the four young people told police that David Laxale was responsible for the concluding death. This then resulted in the remaining three sixteen year olds pleading guilty to assault occasioning actual bodily harm. Choi Kia Tang was sent to trial for the