Chapter 1 - Introduction to Criminal Law Flashcards
Why is criminal law classified as part of public law ?
Criminal law is part of public law because it deals with the relationship between the state as an authoritative power and the subjects of the state.
What is the difference between substantive and formal law ?
- Substantive law comprises legal rules that set out the rights and duties of subjects or the state.
- Formal law comprises rules that set out the procedure or methods by which the rules of substantive law are enforced.
What are the similarities between crimes and delicts ?
Both are unlawful, blameworthy acts or omissions.
What is a delict ?
A delict is an unlawful, blameworthy act or omission resulting in damage to another and gives the injured party the right to claim compensation.
What is a crime ?
A crime is an unlawful, blameworthy act or omission punishable by the state.
What is the principal difference between a crime and a delict ?
- A crime is injurious to the public interest (state or community).
- A delict is injurious to private/individual interests.
How do the sanctions for crimes and delicts differ ?
- Delict - Compensation to place the injured party in the same position as before.
- Crime - Punishment for retribution, prevention, deterrence, or rehabilitation.
How does the procedure differ between crimes and delicts ?
- Delict - Civil procedure
- Crime - Criminal procedure
Who is the actioning party in delicts vs crimes ?
- In Delict the injured party (private individual) decides whether to sue and can drop the case.
- In Crime the State prosecutes, and once reported, the victim cannot withdraw the case.
What is the difference between a crime and an offence ?
- Crime is a common law prohibited action.
- An offence is a statutory prohibited action.
What is the main difference between absolute and relative theories of punishment ?
- Absolute theory of punishment is the end goal of the criminal justice system (Retributive theory).
- Relative theories punishment is a means to an end (Prevention, Deterrence, and Reformation).
What does the retributive theory state ?
Punishment is justified because it is deserved. It restores the legal balance disturbed by the crime.
What are the key principles of retributive theory ?
- Punishment must be proportional to the harm caused.
- It serves as society’s condemnation of a crime.
- It respects human dignity and free will.
What are the two types of deterrence ?
- Individual deterrence prevents the offender from reoffending.
- General deterrence discourages society from committing crimes.
What is the criticism of the general deterrence theory ?
- Assumes people are rational and avoid pain.
- Deterrence cannot be proven.
- Culpability is not easily explained.
- It may allow for disproportionate punishment.
What does the reformative theory
state ?
The purpose of punishment is to reform the offender.
What are the criticisms of the reformative theory ?
- Does not ensure punishment is proportionate to the crime.
- Difficult to predict how long rehabilitation will take.
- Works best for young offenders.
- Rehabilitation is often more idealistic than realistic.
- Reform does not require a crime to be committed first.
What four factors should courts balance when imposing a sentence ?
- The Crime.
- The Criminal.
- The Interests of the Community
- The Interests of the Victim.
Matyityi case.
How do determinism and indeterminism impact culpability and why is this distinction important in criminal law ?
- Determinism removes culpability because actions are not truly chosen, while indeterminism supports culpability by recognizing that people control their actions.
- It helps determine responsibility and guilt when assigning punishment.
What is the difference between material and formal crimes ?
- Material crimes focus on the consequence of an act (If no harm occurs, there is no guilt).
- Formal crimes focus on the act itself, meaning guilt exists even if no harm occurs (e.g., Sexual Offences, Traffic Offences).
When does causation apply ?
Only in material crimes, because the result of the act determines guilt.
