Law 2101 Study Guide - Quiz Guide: Morality, Mens Rea, Consequentialism
Document Summary
Criminal law can be defined as a body of rules by which the state prohibits certain forms of conduct because it harms or threatens public safety and welfare and that imposes punishment for the commission of such acts. Crimes as public wrongs: crimes are socially proscribed wrongs that concern the whole community. Punishment and censure: violation of rules of criminal law triggers the imposition of public censure and punishment which constitutes an encroachment on an individual s freedom and autonomy and should therefore not be imposed lightly. Criminal law as an instrument of retaliation: the perpetrators of crimes receive the punishment they deserve for their criminal deeds. Criminal law as an instrument of social control and control of governmental power: protecting not only society against crime but also the human rights of citizens against a too intrusive state. Criminal law creates freedom for human beings by protecting important interests but also limits their freedom by circumscribing their scope and boundaries.
