Law 2101 Study Guide - Quiz Guide: Mattress, Peculiar People, Mens Rea
Document Summary
Crime: must be defined by the reference to the legal consequences of the act. We must be able to distinguish primarily, not between crimes and civil wrongs but between crime and civil proceedings. A crime becomes an act that is capable of being followed by criminal proceedings, have one type of outcome known to follow these proceedings. Harm principle: state should not punish an individual unless it is to prevent substantial harm brought upon another. How is punishment justified: utilitarianism: greater good, retribution: punishment must be deserved. Judicial punishment imposed only when a crime is committed. Punishment is a form of communication between the society and the wrongdoer. Most crimes- magistrates, appeal to crown court/ qb divisional court. Serious crimes- crown court, appeal to ca- ca appeal to supreme court. Grounds of appeal: new evidence, irregularity at trial, wrong sentence. One cannot appeal because of the jury"s verdict but the legal rulings which preceded the verdict.
