Law 3101A/B Study Guide - Quiz Guide: Harm Principle, Mens Rea, Actus Reus
Document Summary
Public law socially proscribed wrongs which concern the community as a whole. A hierarchical relationship between the defendant and the state (representing the community) Not a case between two equal parties. An instrument of both social control and governmental power. Limiting and protecting freedoms at the same time: protecting important personal interests. Two functions: maintain public order and prevent deviant social behaviour crime control function, canalize and limit measures of punishment in the scope of the human rights safeguard function. Criminalize: declare that a certain conduct amounts to a public wrong and that therefore it ought to be avoided. Punishment and public censure as sanction to rule violations so that it is enforced/adhered to. Severe sanctions so that it is not worth it to violate the rule without careful considerations. Ultima ratio: criminal law should be used as a last resort use scarcely bc most powerful weapon.
