ACCTG 1 Lecture Notes - Lecture 32: Microcurrent Electrical Neuromuscular Stimulator, High Standard Manufacturing Company, Mens Rea
Document Summary
Chapter 7- criminal law: the nature and the function of criminal law. Criminal law- the body of rules by which the state prohibits form of conduct that impose harm or threatens public safety and welfare and that imposes punishments for commission of such act. Crimes are in fact seen public wrongs because these wrongs concern the community as a whole. It expresses the hierarchical relationship between the state and the individual criminal. The punishment/censure is more severe than in other laws and encroaches the individual freedom and autonomy. Thus, it should only be used as last resort. (ultima ratio) Sword function- social control of the state over its citizens. It basically protects human rights of citizens against a too intrusive state. The minimalist principle- criminal law should only be used as last result (ultima ratio), because it is the most powerful weapon od law and should be used scarcely (kaum)
