CRM 1300 Lecture Notes - Actus Reus, Jury Trial
10 Apr 2014
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Avoid torture & secret accusations, right to speedy trial & to present evidence, right to jury trial, improve prison conditions, classi cation of offenders, humane treatment! Assume that people experience pleasure and pain in the same way! Idea that people are always rationally calculating! Assume that people know the punishment for each act! Assume that the legal system treats everyone in the same way! Neoclassical theory: certain factors might inhibit the exercise of free will, legal defences, mitigating factors, aggravating factors! What is a crime = breaking social contract! Focus of the theory= concerned with the actus reus! Nature of offender = seen as being rational, free will. Response to crime must be = certain, swift and proportionate!
