CRM 2300 Study Guide - Midterm Guide: Inquisitorial System, Adversarial System, Mens Rea
24 Oct 2018
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Document Summary
Criminal code made in 1892, divided in procedural and substantial law, based on the blueprint of the british common law. Beccaria; man is rational, crime is a rational choice. Equality of the law, law applies to all men equally. Hedonism: humans are rational being, pursuing self interest that is avoiding. Give up right to force to the state: the law soc)al contract t(eory. State is given the power to punish those who break the law (a conscious pain, seeking pleasure decision) by taking away ones property or freedom. One party representing a group, innocent until proven guilty, based on evidence beyond reasonable doubt. Prosecutor: represents the state of holding the rule of law, presents all the evidence. Must prove beyond reasonable doubt the elements of actus and mens reas (indictable offensesex murder) Accused: every right to a lawyer, to all the information, all the evidence. Defendant: provide counter argument, defend rights of the accused, expert testimony, alibi.
