CRJU 101 Lecture Notes - Lecture 3: Actus Reus, Summary Offence, Cesare Beccaria
27 Feb 2017
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Rationale of law: classical school by, cesare beccaria on crime and punishment , rationalism, intellectualism, humanitarianism. Laws must be clear, publicized, stable, fair, and must protect fundamental rights. Laws are enacted, administered, and enforced in a fair and efficient manner: access to justice should be open to everyone. Laws must be prospective rather than retroactive: unable to be punished for a crime not involved in law, rules and procedures must be well defined. 1st-serious;2nd-mid;3rd-not serious: wobbler: from felony to misdemeanor (based on circumstance, flexible, infraction: traffic violation, criminal defenses. Strict liability: excuse: provides mitigating factors of the act, duress: fear of death or serious bodily injury. Entrapment: tricked by le to do illegal act: law enforcement tricks (dresses as drug buyer, prostitution in order to source crimes) Involuntary intoxication: lacked the capacity to form reasoning: drugged by the exterior person.
