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Criminal Law Theories
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Deterrence Theory
Key Points: Prevent future crimes, specific vs. general deterrence, rational choice theory. Legal Impact: Leads to harsher penalties to discourage criminal actions.
Actus Reus
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.
Mens Rea
Key Points: Guilty mind, intention or knowledge of wrongdoing, mental element of a crime. Legal Impact: Determines levels of culpability, affecting sentencing.
Restorative Justice
Key Points: Victim-oriented, healing, community involvement. Legal Impact: Encourages alternatives to incarceration, focusing on repairing harm.
Legal Paternalism
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.
Retributivism
Key Points: Just deserts, proportional punishment, moral responsibility. Legal Impact: Influences sentencing guidelines to focus on punishment fitting the crime.
Consequentialism
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.
Rehabilitation Theory
Key Points: Correcting criminal behavior, treatment programs, reintegration into society. Legal Impact: Promotes correctional services and parole systems.
Harm Principle
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.
Legal Moralism
Key Points: Enforcement of societal morality, beyond harm prevention, reflects community standards. Legal Impact: Can lead to laws against victimless crimes.
Utilitarianism
Key Points: Greatest good, consequences of actions, prevention. Legal Impact: Supports rehabilitation and deterrence over retributive justice.
Incapacitation Theory
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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