CRIM 131 Lecture Notes - Lecture 2: Magna Carta, Precedent, Actus Reus
21 Oct 2016
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Common law- based on decisions made by higher courts. Precedent: stare decisis (to stand by what was decided) We can"t elect judges because that will turn into a political opinion, judges represent the people, a political platform will influence decisions. Keep society in line/ what people can/can"t do. Order maintenance- maintain order in society/ or else all chaos might break-loose. Usually physical presence of police is enough to maintain order. Deterrence- prevent from occurring again or others doing it. War on crimes- focus on individuals/groups by ignore actions of other people. Origins and applications of criminal law *on exam. Mala in se (wrong because it"s evil) Mala prohibita (wrong because they are prohibited) Conflict model- society full of groups in conflict. Act or omission prohibited by criminal law. Mens rea- mental intent to commit act. Protection of community and apprehension of offences. Example: youth acting up, commit crimes (criminal court) but is due to struggles at home (family court).
