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Criminal Law Theories

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Deterrence Theory

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Key Points: Prevent future crimes, specific vs. general deterrence, rational choice theory. Legal Impact: Leads to harsher penalties to discourage criminal actions.

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Actus Reus

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Key Points: Guilty act, physical element of a crime, necessary for conviction. Legal Impact: Must be proven for a crime to be established in court.

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Mens Rea

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Key Points: Guilty mind, intention or knowledge of wrongdoing, mental element of a crime. Legal Impact: Determines levels of culpability, affecting sentencing.

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Restorative Justice

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Key Points: Victim-oriented, healing, community involvement. Legal Impact: Encourages alternatives to incarceration, focusing on repairing harm.

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Legal Paternalism

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Key Points: Laws to protect individuals from harming themselves, paternalistic interventions, autonomy vs. welfare. Legal Impact: Justifies state interference in personal choices for individual's good.

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Retributivism

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Key Points: Just deserts, proportional punishment, moral responsibility. Legal Impact: Influences sentencing guidelines to focus on punishment fitting the crime.

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Consequentialism

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Key Points: Morality judged by outcomes, ends justify the means, decision-making based on consequences. Legal Impact: Can justify punitive measures if they lead to positive outcomes.

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Rehabilitation Theory

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Key Points: Correcting criminal behavior, treatment programs, reintegration into society. Legal Impact: Promotes correctional services and parole systems.

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Harm Principle

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Key Points: Justifying criminal sanctions only to prevent harm to others, individual freedom, John Stuart Mill. Legal Impact: Limits the scope of criminal law to prevent overreach.

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Legal Moralism

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Key Points: Enforcement of societal morality, beyond harm prevention, reflects community standards. Legal Impact: Can lead to laws against victimless crimes.

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Utilitarianism

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Key Points: Greatest good, consequences of actions, prevention. Legal Impact: Supports rehabilitation and deterrence over retributive justice.

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Incapacitation Theory

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Key Points: Removing the ability to commit crimes, imprisonment, societal protection. Legal Impact: Justifies long-term imprisonment for preventing repeat offenses.

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