[HIUS 3281] - Final Exam Guide - Comprehensive Notes for the exam (22 pages long!)

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Combined natural law with christian theology: humans are good by nature crime is offense against god. People surrender certain rights to authority in interest of self-preservation. Man is rational, crime against social contract not god. Specific deterrence: discouragement of offenders from committing crimes again by not making them suffer too much for past offenses. General deterrence: discouragement to the population by witness or knowledge of punishment to convicted criminals. Degree of punishment should be so that it has the greatest possible effect on others, with least possible pain to delinquent. Severity: too severe, leads to more crime to escape punishment. Certainty: certainty of a small punishment = stronger impression than fear of a more severe one. Immediacy of punishment: create a cause and effect in peoples minds, humanitarian concerns as well. French code of 1791: first i(cid:373)ple(cid:373)e(cid:374)tatio(cid:374) of beccaria"s yste(cid:373) Showed that not everyone could be treated the same. Behavior is determined by forces outside of the individual.

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