CRIM 2652 Lecture Notes - Lecture 3: Precedent, Morality Play, Bloody Code
2 May 2018
School
Department
Course
Professor
Lecture 3 – September 28, 2017
Functions of Criminal Law (5):
- Provide social control
o Aims to control behaviour and deter acts that threaten social wellbeing or harm
others
▪ Ex. US – lynch African Americans etc.
- Discourage Revenge
o Delegates enforcement to others to discourage revenge or vengeance
▪ Ex. Online vigilantes
- Express public opinion and morality
o Reflect public sentiment against offences
o Many may oppose designation of offences
- Deterring criminal behaviour
o Deter potential law breakers
▪ General Deterrence: show law breakers costs outweigh benefits
▪ Specific Deterrence: deter offenders to repeat crimes
- Maintain social order
o Protect economic and political system
Criminal Justice as Drama
- Morality plays
o Teach moral lesson
▪ Honestly, loyalty, etc.
o Characters personify moral attributes
Official Version of Law
- Impartial
- Neutral
- Objective
- System of resolving conflict
- 5 big components:
o Adversarial System: reps are both trained, two opposing narratives, judge
remains neutral – weigh facts and make decision
o Separation of Powers (legislature and judiciary):
▪ judicial autonomy
o Rule of Law: no one is above the law – everyone subject to it
o Legal Method:
▪ Stare Decisis: Let the deisio stad
• Law of precedent
o Limits disparity
o Theres preditaility
• Decisions flow downwards
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Provide social control: aims to control behaviour and deter acts that threaten social wellbeing or harm others, ex. Discourage revenge: delegates enforcement to others to discourage revenge or vengeance, ex. Express public opinion and morality: reflect public sentiment against offences, many may oppose designation of offences. Deterring criminal behaviour: deter potential law breakers, general deterrence: show law breakers costs outweigh benefits, specific deterrence: deter offenders to repeat crimes. Maintain social order: protect economic and political system. Morality plays: teach moral lesson, honestly, loyalty, etc, characters personify moral attributes. Rules to solve disputes exist in all societies. Code of hammurabi (2000 bce in now iraq) Lex talionis: law of physical retaliation: e(cid:374)gla(cid:374)d(cid:859)s common law shaped canadas, lex talionis: punishment depended on class of offender, lesser injuries could result in penalty of loss of eye. Important people get greater compensation: classed scale a precision for modern monetary fines.
