1. Explain the purposes or rationales for punishment and the arguments in favor of each rationale. Include a discussion about current trends in punishment. Two main purposes: Retribution & Prevention. Retribution looks back to past crimes and punishes individuals for committing them, because it’s right to hurt them. Prevention looks forward and inflicts pain, not for its own sake, but to prevent future crimes. There are four kinds: General deterrence, Special deterrence, incapacitation, and rehabilitation. Since the mid-1980s, reformers have championed retribution and incapacitation as the primary purpose of criminal punishment.
2. Explain the relationship between the general and special parts of criminal law. General: principles that apply to more than one crime. Special: explains specific crimes and arranges them into groups according to subject matter. The special part of criminal law defines specific crimes, according to the principles set out in the general part. Four groups: Crimes against persons, Crimes against property, Crimes against public order and morals, and Crimes against the state. Pg. 15
3. Explain the text-case method including the reason for its name. Also explain the two reasons for applying criminal principles and definitions to specific cases. Text-case method - meaning it’s part text and part excerpts from criminal law cases specially edited for non-lawyers. Two reasons: first, it helps you understand the principles and the elements of specific cases; secondly, stimulates you to think critically about the principles and their applications.
4. Define, describe, compare, and contrast common-law crimes and statutory crimes. Be sure to provide examples. Common law crimes are made by judges and statutory crimes are made by legislature. Most jurisdictions have moved away from common law to statutory crimes. Many crimes are both common law and statutory. Common-law crimes create...
Citations: (refer to: http://www.law.cornell.edu/citation/)
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