Criminal Law

Question 1

criminal law

Answer 1

body of rules by which state prohibits certain forms of conduct because it harms or threatens public safety and welfare that imposes punishment for commission of such acts

Question 2

ultima ratio

Answer 2

imposition of criminal punishment should be very last resort

Question 3

sword and shield

Answer 3

crime control function that represents the power to punish and take away freedom

safeguard function that shows how this punishment can only take place within boundaries of criminal law

Question 4

deterrence theory

Answer 4

individual deterrence (punishing in order to prevent recidivism)

general detterence (using threat to discourage people from committing crimes)

Question 5

rehabilitation theory

Answer 5

to prevent future crime by giving offenders the necessary treatment and training that enables them to

offender can be released under certain conditions

Question 6

retributive theory

Answer 6

offenders are punished because they deserve to be

intrinsic link between punishment and guilt

punishment should match the crime that has been committed

Question 7

Structure of a crime

Answer 7

actus reus -> objective element of crime

mens rea -> subjective element of crime

“actus non facit reum nini mens sit rea” = an act does not make a man guilty unless his mind is also guilty

Question 8

Intention

Answer 8

Intention -> cognitive part & volitional part both required

Direct intent -> strong volitional element where consequence of intention is desired

Indirect intent -> strong cognitive aspect where agent is aware of consequence but still chooses to commit crime even tough it’s not their aim

Intent is what needs to be done to achieve a goal

Question 9

Recklessness Common Law

Answer 9

denotes the conscious taking of unjustified risk
-> agent is aware of a risk but unreasonable to take ->event of acceptance is not needed

Construction worker dugs a hole, is aware of the risk but doesn’t believe someone will fall

Question 11

negligence

Answer 11

culpa, most normative form of mens rea -> based on violation of the required duty of care which caused a result prohibited by criminal law

unconsciuos negligence -> agent wrongfully doesn’t consider consequences of conduct -> agent unconscious of risk but should and could have been aware

conscious negligence -> agent is aware of risk but assumes that result won’t occur

Question 12

necessary defense

Answer 12

1. imminent & unlawful act -> defendent can’t wait any longer for official authorities to protect his interest
2. only as long as danger is ongoing

• defense must pertain to legitimate interest
• defense must be a capable and necessary means
• weighing interests of aggressor against defendants

“He who commits an act which is required as necessary defense is not acting unlawfully.”

“Necessary defense is the defense which is required in order to fight off an imminent unlawful assault from oneself or another.”

Question 13

insanity = excuse

Answer 13

1. attributable to a mental disorder: defendant suffering from relevant mental disorder
2. mental disorder has substantially impaired defendant’s capacities to be held responsible
3. are there any other reasons attributing to mental disorder prior to event?

Question 14

diminished capacity

Answer 14

where defendant’s capacities have been weakened by disorder but not to an extent of legal irresponsibility