1. Purpose of Punishment

Question 1

3 main elements of criminal liability

Answer 1

o Criminal act (or actus reus)

o The criminal state of mind (or mens rea)

o The absence of a defense, justification or excuse

Question 2

2 main theories about the purposes of punishment

Answer 2

o 1 – Deontological – moral obligation
 Associated with retributive function of punishment
 Punishment is justified by the rightness of the institution, it isn’t abut the good consequences the institution of punishment might generate
 It’s about the moral culpability of people who break the criminal law

o 2 – Utilitarian
 Associated with deterrence, incapacitation, and rehabilitation
 Punishment is used to achieve beneficial social consequences, which include preventing or minimizing future criminal behavior
o Criminal system mixes the two to justify punishment

Question 3

Four justifications for explaining why we have a justice system and why we punish crimes:

Answer 3

1. Retribution
2. Deterrence
3. Incapacitation
4. Rehabilitation