LAWS 1000 Lecture Notes - Lecture 2: Actus Reus, Donald Marshall, Jr., Mens Rea
Document Summary
Social norms = norms of the broadest category, ex: politeness. Interested in the relationship between norms and law. How do say which ones count (are recognized as law) We use praise/derision to communicate messages of social norms. ^most societies find this isn"t quite enough/efficient so we need a robust legal system (reinforcing) Need laws and courts formal means of establishing standards of practice and upholding those standards. 3 models of criminal law and justice: (not an exhaustive list) Society as a whole acts against the offender. Incapacitation: imprisonment, etc. rendering them incapable of committing more crime. Deterrence: the way criminal sanctions deter a convicted criminal from re-offending. Cautionary warnings to all members of society, to encourage them not to engage in criminal behavior. *the crown = the state = the government (all mean the same thing) Each crime is composed of 2 elements. Actus reus (the physical act in question) and mens rea (the mental state accompanying the act)
