Crime and punishment Flashcards
civil offences
offences committed against individuals
tort law deal with …
deterring civil wrongdoings and is meant to protect the individual.
what are criminal offences?
Criminal offences are offences committed against society and are punishable by law
- They are acts - or lack of action - contrary to law
- Some violations are standard across jurisdictions, while others are really a matter of public policy that may vary from jurisdiction to jurisdiction.
Equity and efficiency *
he high stakes of criminal trials, have a large cost for everyone (jurors, system,etc)
- For that reason jurors avoid it
How Gary Becker describe the economic model of crime?
- the criminal as behaving rationally
- The action creates external costs on victims, and penalties like fines and imprisonment serve as a fee or tax on criminal activity.
- Becker believes that society could reduce criminal behaviour if the benefits of the wrong were lowered and/or the costs increased
Reducing the benefits could include education which would increase wages and make the opportunity cost of crime higher
Increasing the costs of criminal behaviour could be achieved by increasing the likelihood that the criminal is caught, or by more severe punishment.
Towards an Efficient Remedy
- In incarceration issue : It is expensive and inefficient.
- prison sentences do not reduce crime or recidivism
- Very high cost of dead penalty as indivuals need extra resurrecnces that they are the criminal (extra judicial process , etc)