1. The purposes of criminal punishment can simply be divided into two schools of thought: retributionists and preventionists. Identify, define, and discuss the several criminal law key term words that are associated with these two schools of thought and conclude with your opinion of which is the most effective.....or why all are concurrently effective. Be thorough since this is important concerning the purposes of punishment in a modern society.
1. Retributionists believes that the only way for offenders to really pay for their crimes is to feel psychological and/or physical pain inflicted upon them. In the Old Testament it has examples of retribution in it. Some of these examples are an eye for an eye and when one is strike down by another …show more content…
For example, the prosecution presents evidence in a case to make the defendant look guilty.
Proof beyond a reasonable doubt is the highest burden of proof according to the U.S. Justice system. When prosecution is proving beyond a reasonable doubt they have to prove that there is no other explanation for the crime except that the defendant did it. An example of proof beyond a reasonable doubt is that there is no doubt at all the facts of the case and the defendant committed the crime.
3. Explain what is meant by the term common law. How has the common law influenced American criminal law? Since common law has had a significant impact historically in the development of American criminal law there is a need to explain both specifically and in general the common law evolution for hundreds of years as the question is discussed. (Answer the question using the textbook and supplement the response by citing outside sources (the web) to expand the textbook information.
3. Common law is the basis of the U.S. laws. Through judicial decisions in England a body of law was formed that focused on precedents, customs, and statues. This was known as common …show more content…
The Laws and Liberties of Massachusetts put in writing (codified) the criminal law of the colony’s. After the Revolution each nation-state continued to develop their own common law. The Enlightenment of the eighteenth century inspired reformers to set aside the common law and replace it with criminal codes that focused on the natural law of crimes. Reformers felt that legislature should make the laws versus judges. However the code never passed in the Virginia legislature because it had too drastic reductions when it came to criminal punishment. In the nineteenth century two codes stood out. The first was to rationalize into a singular integrated system of criminal law, criminal evidence, criminal procedure, and punishment. This however never became a law. The second code wanted to make the criminal law more accessible especially to lawyers. This code was adopted in 1881 and remained until 1967 in New
1. Retributionists believes that the only way for offenders to really pay for their crimes is to feel psychological and/or physical pain inflicted upon them. In the Old Testament it has examples of retribution in it. Some of these examples are an eye for an eye and when one is strike down by another …show more content…
For example, the prosecution presents evidence in a case to make the defendant look guilty.
Proof beyond a reasonable doubt is the highest burden of proof according to the U.S. Justice system. When prosecution is proving beyond a reasonable doubt they have to prove that there is no other explanation for the crime except that the defendant did it. An example of proof beyond a reasonable doubt is that there is no doubt at all the facts of the case and the defendant committed the crime.
3. Explain what is meant by the term common law. How has the common law influenced American criminal law? Since common law has had a significant impact historically in the development of American criminal law there is a need to explain both specifically and in general the common law evolution for hundreds of years as the question is discussed. (Answer the question using the textbook and supplement the response by citing outside sources (the web) to expand the textbook information.
3. Common law is the basis of the U.S. laws. Through judicial decisions in England a body of law was formed that focused on precedents, customs, and statues. This was known as common …show more content…
The Laws and Liberties of Massachusetts put in writing (codified) the criminal law of the colony’s. After the Revolution each nation-state continued to develop their own common law. The Enlightenment of the eighteenth century inspired reformers to set aside the common law and replace it with criminal codes that focused on the natural law of crimes. Reformers felt that legislature should make the laws versus judges. However the code never passed in the Virginia legislature because it had too drastic reductions when it came to criminal punishment. In the nineteenth century two codes stood out. The first was to rationalize into a singular integrated system of criminal law, criminal evidence, criminal procedure, and punishment. This however never became a law. The second code wanted to make the criminal law more accessible especially to lawyers. This code was adopted in 1881 and remained until 1967 in New