CJS 211 Lecture Notes - Lecture 18: Room Temperature
8 Dec 2020
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It also involves the threat (or imposition) of unpleasant physical consequences (punishment). Actually, it is the condemnation itself in addition to the consequences which constitutes the punishment : one definition of crime: any social harm defined and made punishable by law. Professor hart would say that the definition is incomplete (see 4 supra): the increasingly thin line b/n the criminal and civil methods of the law. This divide has narrowed in the years since the hart article. Is there good reason to preserve the distinction ask yourself as you go: sources of american criminal law: the common law beginning. American common law of crimes diverged in key respects from the english version. Today, in every state and in the federal system, legislators, rather than judges, exercise primary responsibility for defining criminal conduct and for devising the rules of criminal responsibility: the legislature"s role.
