Law 2101 Study Guide - Quiz Guide: Diminished Responsibility, Peer Pressure, Mens Rea
Document Summary
Nature and function of criminal law: criminal law. Imposes punishment (ultima ratio) or public censure, which count as pragmatic incentives: protects society against crime and human rights against states, regulates behavior by limiting freedom but also by protecting it, has a sword and shield function. In a criminal case, the state investigates an individual on behalf of their accuser, thus there is a hierarchical relationship between the parties (as opposed to disputes between private individuals, in which the parties are equal) Principles of criminalization: boundaries of criminal law are not fixed but rather socially, historically and politically determined, principles of criminalization include, minimalist principle: criminal law should only be used as a last resort (ultima ratio) Bipartite structure of crime: applies in common law systems, assessment of criminal liability, mens rea, actus reus, does not consider justifications and excuses, order of assessment is not relevant.
