LAWS 1000 Study Guide - Final Guide: Intentional Tort, Therapeutic Jurisprudence, Mens Rea
Document Summary
History of criminal law: replaces traditional practices of revenge and compensation move to codification and standardize. State and the offender (crown and accused) Goals of punishment: retribution (the return of shaming, incapacitation (incarceration, deterrence (severity, certainty, speed) (2 types = general & specific) 3 types of offences: offence against persons (assaults, offence against property (theft, victimless (prostitution) Substantive- (cid:449)hat role should (cid:448)i(cid:272)ti(cid:373)s pla(cid:455), (cid:449)ho de(cid:272)ides (cid:449)hat"s a (cid:272)ri(cid:373)e (cid:894)so(cid:272)ial (cid:272)o(cid:374)trol(cid:895) 1 the accused made a choice to do something deemed wrong by the law. 2 the choice has to be made freely. 3 the accused must be able to recognize that the choice was wrongful. There are exceptions (also mitigations) that render you incapable of having the requisite mens rea. Elements of actus reas (guilty act: conduct: voluntary act or omission that it is a crime, circumstances: facts that are relevant, consequences: results of your voluntary action. Mistake of fact (not law) tolson, ladue.
