Law 3101A/B Study Guide - Quiz Guide: Eye For An Eye, Consequentialism, Procedural Law
Document Summary
Criminal law protects society from crime but also the rights of the citizens against a too intrusive state. Crime control function (sword) and safeguard function (shield). Minimalist principle: law should be used as the last resort (ultima ratio) The principle of individual autonomy: citizens should the free from the state to make their own choices and should be masters of their own fates. The principle of welfare emphasizes the social context in which law must operate. Harm principle: the only purpose for which power can be rightfully exercised over any member of a civilised community, is to prevent harm to others. Legal moralism: morality being influential on criminal decisions. Consequentialism: state should inflict as much punishment as needed to prevent future crimes. Deterrence: discourage other people to commit that crime by punishing. Rehabilitation: prevent future crimes by giving offenders the necessary treatments and training to give them back to society as law-abiding members.
