Questions concerning criminal law

Good Essays
questions concerning criminal justice and safety

Questions Concerning Criminal Justice and Safety

i. What are the specific aims & purposes of the criminal law? To what extent does the criminal law control behaviour? Do you believe that the law is too restrictive or not restrictive enough?
The specific aims and purposes of criminal law is to punish criminals, and prevent people from becoming future criminals by using deterrence. “Having a criminal justice system that imposes liability and punishment for violations deter.” (Paul H. Robinson, John M. Darley, Does Criminal Law Deter? A Behavioural Science Investigation, Oxford Journal of Legal studies, volume 24, No. 2 (2004), pp. 173-205). Criminal law intimidates citizens because most people won’t want to be arrested or have a write up on their personal record. Criminal law controls behaviour but only outlines what a good citizen should be doing, by creating laws. “More precisely, the term refers to substantive criminal law - a body of law that prohibits certain kinds of conduct and imposes sanctions for unlawful behaviour.” (The Canadian Encyclopedia, Criminal Law, http://www.thecanadianencyclopedia.com/articles/criminal-law, para. 1.) Having laws and not enforcing them is pointless, so by creating a law you need to enforce it strictly so people stop committing the offence. Like in Alberta and other parts of Canada the Distracted Driving law was in full effect and anyone caught texting and driving or anything along those lines was given a major demerit dock, and a hefty ticket you need to pay. By doing this it enforces the law and creates that thought in the back of the citizens head that says “should I do that? What will happen if I text and drive and get caught?”. However, most criminals don’t have that subconscious thought and don’t care if they get caught breaking the law, that’s why so many criminals are re-offenders. Laws are either questions concerning criminal justice

You May Also Find These Documents Helpful

  • Good Essays

    and rely on the defence of private defence. The defence would operate if the defendant (Bill) thought he was facing an unjust threat from the victim and to avoid such a threat used a reasonable level of force in circumstances. Section 3 of the Criminal Law Act 1967 states that ‘a person may use such force as is reasonable in the circumstances in the prevention of a crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large’. Thus…

    • 3193 Words
    • 13 Pages
    Good Essays
  • Satisfactory Essays

    Criminal Law

    • 90261 Words
    • 362 Pages

    .............................. History of South African criminal law .............................................................................................. The sources of our criminal law ........................................................................................................ The onus of proof in criminal cases .................................................................................................. Criminal liability: a summary ..................................…

    • 90261 Words
    • 362 Pages
    Satisfactory Essays
  • Good Essays

    Criminal Law

    • 1054 Words
    • 5 Pages

    Criminal Law Paper Your Name CJA/354 March 26, 2012 Beverly Spencer An interesting case that was currently brought before the Supreme Court was Missouri vs. Frye. I found this case interesting due to the injustice that was provided by Frye’s counsel, and that Frye insisted on committing the same crime over and over again even though he knew he had an open case concerning driving under a suspended license. There were many sources and jurisdictions related to criminal law that also…

    • 1054 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Criminal Law

    • 5457 Words
    • 22 Pages

    ZIMBABWE INSTITUTE OF LEGAL STUDIES DIPLOMA IN APPLIED LAW Name: Laura Bandah Reg. Number: Z120117K Intake: August 2012, Semester 1 Course: Criminal Law and Statutory Offences Course Code: CLSO 104 Tutor’s Name: Ms L. Mhuru Question: (a) The Zimbabwean law does not normally impose liability or failure to act despite the fact that there may be compelling moral justifications for doing so. For example, the courts have often explained that there is no legal duty upon a stranger…

    • 5457 Words
    • 22 Pages
    Powerful Essays
  • Powerful Essays

    Criminal Law

    • 2358 Words
    • 10 Pages

    Royal 1st. What was the common law before the making of the Act. 2nd. What was the mischief and defect for which the common law did not provide. 3rd. What remedy Parliament resolved and appointed to cure the disease. 4th. The true reason of the remedy; and then the function of the judge is to make such construction as shall supress the mischief and advance the remedy. When faced with a piece of legislation, the courts are required to interpret its meaning so that they can apply it to the…

    • 2358 Words
    • 10 Pages
    Powerful Essays
  • Powerful Essays

    Criminal Law

    • 1704 Words
    • 7 Pages

    1. What is Criminal Law? Criminal law is that branch or division of law which defines crimes, treats of their nature, and provides for their punishment. 2. When did the RPC take effect? Art 1. Time when Act takes effect – This Code shall take effect on the first day of January, nineteen hundred and thirty two. (Jan. 1, 1932) 3. What are the sources of Phil. Criminal Law? a.) The RPC and its amendments b.) Special Penal Laws passed by the Phil Commission, Phil Assembly, Phil…

    • 1704 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    criminal law

    • 3406 Words
    • 14 Pages

    JAMAICA THE FACULTY OF LAW CRIMINAL LAW I CAUSATION ______________________________________________________________ INTRODUCTION Where the actus reus of a crime includes specific consequences e.g. the crime of Murder - the consequence being death, it must be shown that the Defendant caused the victim's death (although the defendant's act need not be the sole or the main cause of death). A common approach of the courts has been to assert that causation is a question of fact to be answered by…

    • 3406 Words
    • 14 Pages
    Good Essays
  • Good Essays

    Criminal Law

    • 9386 Words
    • 38 Pages

    2 The elements of an offence Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 2.1 2.2 2.3 2.4 General analysis of criminal offences . . . . . . . . . . . . . . . . . . . .13 Limitations on the value of the Latin terms actus reus and mens rea . . . . 14 Proof of the ingredients of an offence . . . . . . . . . . . . . . . . . . .15 Lawful excuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 Reflect and review . . . . . . . . . . . . .…

    • 9386 Words
    • 38 Pages
    Good Essays
  • Powerful Essays

    Criminal Law

    • 1727 Words
    • 7 Pages

    CRIMINAL LAW THREE TYPES: Infractions- (like traffic tickets), which are minor violations and, usually, the punishment is having to pay a fine. Felonies- are serious crimes like armed robbery, arson, carjacking, rape, assault with intent to do great bodily harm, drug dealing, and murder. This is only a partial list but the thing to remember about felonies is that you will have over one year in prison if convicted. Misdemeanors- are lesser offenses like assault, reckless driving, drug possession…

    • 1727 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    Criminal Law

    • 1559 Words
    • 7 Pages

    Question 1(b) The Latin phrase “actus non facit reum nisi mens sit rea” implies that an act does not make one guilty unless the mind is also. Thus, the meaning behind mens rea lies within the mental element of the defendant in a crime. H.L.A. Hart states that “what is crucial is that those whom we punish should have had, when they acted, the normal capacities, physical and mental, for doing what the law requires and abstaining form what it forbids, and a fair opportunity to exercise these capacities…

    • 1559 Words
    • 7 Pages
    Better Essays