PUB2 111 Lecture Notes - Lecture 3: Restorative Justice, Mental Disorder, Neurology

• School: McGill University
• Department: Public Law 2
• Course: PUB2 111
• Professor: Maxime Hebrard

Document Summary

What do we mean by a crime: against the law, stigmatised, deviant behaviour. More than that, it is associated with morally wrong behaviour, and sufficiently wrong as a threat to public security, social harm and worthy of stigma. An act fundamentally wrong or wrong enough that it should result of punishment, and in the western world, punishment usually means deprivation of liberty. Conversely, restorative justice differs from punitive justice by: focus on healing the people that have been affected as well as the re-insertion of the accused, about restoring relations that have been harmed as a result of crime. The notion of criminality doesn"t have to result in punishment, but that is what our system is built around. There are two (necessary) elements at the core of true crimes: actus reus, the guilty act, mens rea, the guilty mind. The overwhelming majority of crimes involve an actus reus, an act. Voluntariness: means that an act was physically voluntary.