Essay on Week 1 Criminal CHAPTER ASSIGNMENTS

1500 Words Apr 27th, 2015 6 Pages
CHAPTER ASSIGNMENTS
Chapter One 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
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The MPC specifies that all crimes requiring a mental element have to include one of these degrees of culpability:
Purposely - having the “conscious object” to commit crimes. “You did it on purpose.”
Knowingly - the state of “knowing” and “awareness”… it is enough that I’m aware that it’s “practically certain” that my conduct will cause the bad result. Applies to conduct crimes, awareness is clear.
Recklessly - “Awareness”.. in acting “recklessly,” it’s awareness of causing the result itself. Reckless people know they’re creating risks of harm but they don’t intend, or at least don’t expect, to cause harm itself. Conscious risk creation isn’t as blameworthy as acting purposely or knowingly. The MPC proposes that fact finders determine recklessness according to a two-pronged test. The test has both a subjective and on objective component.
Negligently - Also about creating risks. The test for negligence is totally objective, namely, that the actors should have known, even though in fact they didn’t know, they were creating risks. Put into another way; A reasonable person would’ve known she was creating the risk.

12. What are strict liability crimes? Provide an example. What are some of the arguments for and against such crimes? Do you think there should or should not be strict liability crimes? Explain your position.
Minor crimes where there’s liability without either subjective or objective fault. Strict

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