CRM 1300 Lecture Notes - Lecture 3: Mental Disorder, True Crime, Actus Reus

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6 Feb 2016
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Wednesday September 16, 2015
Criminal Law
We have prohibited those laws that threaten safety of people.
Pastoral power - local power, treats you based on what he learns about you. Ie. a relationship
with a professor. The pastor/ authority like a prof (how do you think, what are you good at etc…)
Just as a professor asks you questions and gives you a solution, a pastoral power will do the
same for offenders. Not through threat rather kajol and reason and future awards etc..
However, sovereign power is very different. It is not tailored to individuals, it is a GENERAL
threat to public. Do this, do that, you may be ‘smashed’ by authority. Applied in totality of nation
state equally.
Basis of criminal law;
to identify and specify consequences on particular acts. Only apply punishment on basis of
desired results of greater good. Consider your actions if you are introduced to the knowledge of
these punishments. We don’t like punishment on basis of harm.
Punishment is equal given the quality of the act. Modified to the degree of guilt and
responsibility.
Different factors may affect your response (diminish degree) to a ‘guilty act’; intoxication, age,
circumstance etc…
We have to consider the capacity of the individual; we need the legal guilt, a conviction. More
serious the offence, more involved your guilty mind may be.
- Regulatory offence vs/ true crime
Hobbes Leviathan
Each of us has sacrificed and agreed to sacrifice some personal liberty to literally embody
sovereign authority exercised by state. We have agreed to not disturb security of “honourable”
citizens.
Cesare Beccaria
Social order was to be derived from human experience. Laws made to see desirable effects and
behaviours that follow it. Things to keep people in order.
How to deal with feckless classes? (Irish - somehow halfway in between Africans and high class
Englishmen) How to apply law and design law to control irrational people? They needed to be
persuaded to follow rules as a “beneficial” aspect to life.
How do you get law to work? Swift, follow quickly after crime itself (like training a dog) must be
certain - YOU WILL get caught and proportionate; not exaggerated punishment for small crime.
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