SMG LA 245 Chapter Notes - Chapter 7: Criminal Procedure, Ob River, Affidavit
Document Summary
Punishment in criminal law the government wants the court to punish the defendant. Restitution = a court order that a guilty defendant reimburse the victim for the harm suf- fered. Deterrence carries a heavy price tag, in the hope that he will never do it again. Specific deterrence is intended to teach this defendant that crime ly that crime must be shunned. General deterrence is the goal of demonstrating to society general- Retribution : giving back to the criminal precisely what he deserves. (immanuel kant) To rehabilitate someone is to provide training so that he may return to a normal life. Burden of proof - the government must prove its case beyond a reasonable doubt the very high burden of proof in a criminal trial, demanding much more evi- dence and certainty than required in a civil trial. Actus reus - guilty act the prosecution must prove that the defendant volun- tarily committed a prohibited act.
