POLC32H3 Lecture Notes - Lecture 12: Legal Clinic, Nuclear Family, Legal Aid
Document Summary
Purposes of criminal law (note: he didn"t really go into this, it"s from the previous guest lecture: deterrence - generalized or specific, retribution. 3) social order - declaration of norms and values. There are 2 elements of a crime 1) mens rea (guilty mind) and 2) actus rea (guilty act) Fact versus law - what type of evidence that can speak to fact that can be used in trial. Primary concern: criminal - the criminal intent of the act, has to do with moral blame, civil - has to do with physical responsibility. Which party is affected: criminal involves society is the in grieved party, victim funds civil involves tort which involve negligence, there are parties involved. Standard of proof: criminal - guilt beyond a reasonable doubt, civil - on a balance of probability, 50% placing on both the. Injured party in the position and the person who did the wrong.
