Introduction to criminal law Flashcards
what does ‘a caelo usque ad centrum’ mean?
Meaning from the heavens to the center of the earth. Applies to the ownership of land.
What is a criminal law?
A form of public law where the state is concerned with the outcome of a case. The state has a moral obligation to protect its citizens and that is why criminal cases are pursued in the name of the crown.
What is the conservative thesis?
That criminal law imposes moral standards on the public and is justified to do so because a society that is moral should be defended.
Punishment is the main aim of the criminal justice system, but how is this justified?
The theory of retributivism which means that the punishment is justified because the individual has committed a wrongful act.
The theory of utilitarianism which means that punishing the criminal serves a purpose and benefits society. e.g. protects the public and deters from future crimes.
