What Is The Distinction Between Criminal Law And Conduct?

Superior Essays
Introduction: Criminal Law and Conduct has a way of running concurrently. The facts of one

facilitates to the other the outcome of a court case or trial. In this body of work, several aspects

of this will be discussed: whether or not the conviction of an alleged perpetrator is feasible if

acutus reus is present and not mens rea, the distinction between diplomatic immunity and

legislative immunity and the support that diplomatic immunity overseas is necessary for

Americans abroad, the argument that defendants with questionable competency should not be

held to the standard sentencing guidelines and lastly the goals of criminal law. The purpose it

serves to protect the public and preventing the conviction
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The prosecutor must also prove that the defendant was dutifully

bound to act and he had knowledge that he was supposed to act as well as the possibility that

he could act. However, if the defendant is not accountable for his actions during the course of

a crime i.e. sleep walking, then the defendant will not be convicted under the actus reus rule.

Diplomatic Immunity vs. Legislative Immunity Diplomatic Immunity involves more than just the country the

diplomat resides in. Diplomatic Immunity entails that government officials are not subject to

jurisdiction of local courts and other authorities (Diplomatic Immunity, 2016). However, if

the country that the diplomat is from and serving waives the exemption, they can be

prosecuted by the host country. On the other hand, Legislative Immunity is similar but also

different. Legislative Immunity involves the prevention of being sued for actions performed

and decisions made in the course of serving the government. It does not protect them from

criminal prosecution (Nolo Legislative Immunity, 2016). Is Diplomatic Immunity Vital for

Americans in other countries? The answer is yes and here is why. According to
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Criminal Law: Goals and Purpose

In criminal law, there are four (4) goals and purposes that correlate

with those goals. Retribution, deterrence, incapacitation and rehabilitation serves as the

goals of criminal law. Deterrence serves to make an example of the offender so that others

will not make the same choices. Provides a display for the future by letting others know this

will happen if you do what this offender did. It protects the public by putting the offender

behind bars and prevent someone else from committing the same offense. Incapacitation is

where the community and society has to protect itself against those who commit serious

crimes. Though incarceration may take place, those who may not be incarcerated for long

periods of time due to mental disabilities of the offender. Such measures have to take place to

ensure the safety of the community such as group homes. Rehabilitation involves reforms of

the offender. It allows the offender to serve a sentence and instead of getting out of prison

right away and back into society, it provides them with the freedom and one on

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