POLS 245 Lecture Notes - Lecture 10: Corporal Punishment
16 Nov 2016
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Document Summary
Public laws prosecuted by the state on behalf of the people: distinguishes a criminal law from civil law. Crime: what law makers decide they are. Because there is no set list of crimes- what a crime is depends on: Criminal law is prosecution (not suing) and it is guilty / not guilty the outcome of a civil trial is not guilty/not guilty it is finding of wrong doing. What is criminal punishment: the social practice of intentionally inflicting suffering on certain individuals for a criminal wrong. Standard of proof: beyond a reasonable doubt, this is a higher evidentiary standard. Punishment holds individuals accountable to the community. Punishment provides justice: criminals get the benefit of legal protections and rights, but don"t abide by the law in exchange, punishment expresses social disapproval and condemnation. Utiliatarian: focuses on maximizing goodness or happiness and minimizing suffering, punishment is justified when it maximizes happiness or utility and minimizes suffering.
