SOCI 2450 Lecture Notes - Lecture 1: Mens Rea, Procedural Law, Hybrid Offence
19 Apr 2017
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Document Summary
Criminal behavior is behavior in violation of the criminal law. Politically: refers to the ways laws are created (necessary element in the making of criminal law), Specificity: criminal law is specific to the extent that it gives a specific definition of a crime and the punishment (civil law is general criminal law is specific), Uniformity: law is enforced uniformly to all (equal to everyone). However everyone in reality is different so the law should not be enforced uniformly. Penal sanction: deterrence (if we impose a sanction on someone who breaks the law then it will deter them from committing more crimes). General deterrence if we impose sanctions on someone who commits a crime then it will deter others because of the fear of punishment (i. e. hanging someone in public). Substantive criminal law: all laws in the criminal code. Crime: an act of the criminal code of canada.
