WDW101Y1 Chapter Notes - Chapter 2: Mens Rea, Actus Reus, Weregild

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lemonwolf959

22 Oct 2011

School

UTSG

Department

Woodsworth College Courses

Course

WDW101Y1

Professor

Scot Wortley

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Document Summary

The criminal law controls the formal definition & content of crime. The law defines the beh that society labels as criminal. Recognized in many early soc, eg preliterate: custom & tradition equivalent of law. - code of hammurabi = 1st written criminal law, babylonia, 2000 bc. Punishment based on phy retaliation an eye for an eye - lex talionis. Punishment depends on ur class & local officials must replace lost property if doesnt apprehend criminals. Mosaic code = israel, 12oo bc contract between god & tribes of israel in which they agreed to obey. The roman law made as a response to the lower classes who believed an unwritten code gave unlimited power to the wealthy. Dark ages, early formal legal codes lost. Wergild = medieval law, the money paid by offenders to compensate the victim & the state for a criminal offense. Monetary payments was the main punishment for crime.

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Describes various consequences (punishments) for crimes committed as discussed in your textbook. Do you feel that deterrence works? Why or why not? (more than 250 words)

(examples):

The punishment given for crimes can be divided into two categories, the severity of punishment and the certainty of punishment. The severity of punishment means the sanctions a criminal may face, these range from low severity such as parole, community service and low fines, to high severity such as lethal injection, long prison sentence and high fines. The certainty of punishment is based on investigation techniques and higher resources for prosecutors, this ensures the evidence is accurately matched to the crime which would increase the severity of the punishment.

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Why is the Death Penalty Constitutional when, under the 8thAmendment to the U.S. Constitution the government inflicting"cruel and unusual punishment" is a violation of yourindividual rights?

	A.	Under the Due Process Clause of the 5th and 14th Amendment,neither the Federal, nor the State Governments can depriveindividuals of "life,liberty, or property"without Due Process of the Law. Which implies that theycan WITH Due Process.
	B.	The Eight Amendment guarantees the state application of crueland unusual punishment
	C.	The Ninth Amendment's guarantee that individuals have lessrights than the state or federal government when deterring violentcriminals to protect society for the greater good.
	D.	The Fifth Amendment's guarantee against self-incriminationprotects the government from the 8th Amendment provision
	E.	The Death Penalty is not Constitutional

roseyellowjacket451

Sarbanes OxleyAct

Analyze the following scenarios and determine which Title of theSar Banes Oxley Act is applicable and explain the correctapplication of the law.

1. Whetheror not a Chief Financial Officer or Chief Executive Officer iscriminally liable for certifying reports that containmisrepresentation in the financial statement of a publiccorporation.

2. Whetheror not a CFO or CEO is liable for using their respective positionto influence an "audit report" of a public corporation.

3. Whetheror not an outside auditing firm must report directly to the"internal auditing committee" of a public corporation.

4. Whetheror not a manager or executive is criminally liable for"whistleblower retaliation".

5. Whetheror not there is criminal liability for destruction of document withthe intent to impede criminal investigation.

6. Whetheror not a public corporation can make loans to managers andexecutives.

7. Whetheror not a person who conspires with another to engage in fraudulentactivities will receive the same punishment as those who actuallyengage in the fraudulent activity.

Discusseach as the scenario applies to the Sarbanes Oxley Act.

turquoisegiraffe573

WDW101Y1 Chapter Notes - Chapter 2: Mens Rea, Actus Reus, Weregild

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