CRIM 102 Lecture Notes - Lecture 4: Jeremy Bentham, Twelve Tables, Incapacitation (Penology)
Document Summary
Mala in se: (cid:862)a(cid:374) a(cid:272)t that is thought to (cid:271)e wro(cid:374)g i(cid:374) a(cid:374)d of itself(cid:863: murder, rape, carson, violence (child and animal abuse, domestic violence) Mala prohibita: (cid:862)a(cid:374) a(cid:272)t that is wro(cid:374)g o(cid:374)ly (cid:271)e(cid:272)ause it is prohi(cid:271)ited. (cid:863: prostitution, marijuana, underage drinking, speeding, cocaine (?, heroin (?) Retribution: barbaric duels, revenge-seeking, modern day example (gang violence) Code: theft, property ownership (women and slaves, sexual relationships. Early roman law: twelve tables, justinian code, public vs. In order to deter people from committing crime, punishment must be: swift quick, severe proportional to the crime, certain they must be certain that they are going to get caught. Types of deterrence: specific for the individual, general thought to be when the general public witnesses the punishment. Policy: capital punishment, three-strike legislation, focused-deterrence strategies. On 3rd strike you automatically get 25 years-life even if you spent time in jail the other 2 times. Focused-deterrence policies: hawaii hope (color drug testing)
