CRJ 106 Study Guide - Midterm Guide: Malum Prohibitum, California Penal Code, Habitual Offender
Document Summary
Jeremy bentham wrote principles of morals and legislation: principle of utility (utilitarian principle, greatest happiness for greatest number of people, legislation should maximize pleasure and minimize pain of the largest number in society. Human motivation: legislators must understand if they are to legislate under the principle of utility, enlightenment concept of human nature. Need for empirical science from which conclusions can be drawn. Characteristics and circumstances of the individual are important in determining behavior. Factors determine whether behavior is voluntary or involuntary: impacts legal responsibility, society influences the individual. Hard form of determinism => more nuanced understanding of factors. Raffaele garofalo believed that human actions evoked by the circumstances of society are beyond human control. Extreme criminal mala in se crimes. Retributive justification rests on the idea that it is right for the wicked to be punished: retribution. Utilitarian justifications oriented toward the future and preventing additional crime: deterrence, incapacitation, rehabilitation, reintegration, restorative justice.
