CRM 2300 Lecture Notes - Lecture 1: Summary Offence, Inquisitorial System, Sexual Assault
18 May 2016
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Based on the common law developed in england. Individuals should give up the right to use force to the state: law. State agrees to maximize pleasure if citizens agree to give up the right to use force. State (criminal law) should punish those who make rational decisions to transgress the law (blameworthy and to take transgressors freedom or property. Court, appeals, the charter of rights and freedoms (1992) etc. The role of criminal law is to maximize pleasure of all individuals and to protect us from the power of the state. Those who transgress god or the king (who was a representative of god) would be punished. Trial by ordeal: form of torture like burning a hand. If it got infected then god indicated they were guilty and they would be punished, if it didn"t then god was indicating that they were innocent. This was the time of the industrial revolution.
