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Criminal Law. What is a crime ?. A breach of rules (statutes/ordinances) created by a legislative body. Distinguishing feature of Criminal law:. Punishment: the purpose of criminal law is to punish perpetrators (wrongdoers) Remember…
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What is a crime? • A breach of rules (statutes/ordinances) created by a legislative body
Distinguishingfeature of Criminal law: • Punishment: the purpose of criminal law is to punish perpetrators (wrongdoers) Remember… • What was the distinguishing feature of Civil law in comparison? • Compensation: the purpose of civil law is to compensate victims
What are the purposes of punishments? • To help reform (change positively) the perpetrator • To create a system of deterrents (preventions) to other potential perpetrators • To restrain future misconduct by that perpetrator • Recidivism: going back to life of crime/“repeat offender” • To obtain retribution (payback/revenge) for the crime that has been committed
What two acts must be present for something to be considered a Criminal offense? • Mensrea: “guilty state of mind”; intent to commit crime • Actusreus: “guilty act”; the actual action/offense Remember… • What acts must be present for it to be considered a civil offense? • Duty, breach, causation, damages