Class notes
Criminal Law 171 Term 1 Class notes
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All the class notes and podcasts of term 1 summarised for your convenience.
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Some examples from this set of practice questions
1.
What are the elements of a crime?
Answer: 1. Conduct 2. Causation 3. Unlawfulness 4. Criminal liability 5. Fault (intent or negligence)
2.
Why do we punish?
Answer: 1. Inflict suffering 2. Exacting revenge 3. Express social condemnation 4. Rehabilitate criminals 5. Achieve restorative justice
3.
What is criminalisation?
Answer: Criminalisation is the process whereby a competent law maker (e.g., Parliament or the legislature) defines and prohibits conduct as a crime.
4.
Why is over-criminalisation bad?
Answer: 1. Lessens criminal law\'s authority 2. Stigmatising individuals as criminals 3. Encouraging crime 4. Overloading the criminal justice system
5.
Possible forms for punishment?
Answer: 1. Imprisonment 2. Paying a fine 3. Community service 4. Suspended sentence
6.
What are factors that influence a judge\'s decision on a suitable punishment?
Answer: 1. Seriousness of crime 2. Interests of society 3. Accused\'s personal personal cirstances
7.
What are the principles of legality?
Answer: 1. Ius acceptum 2. Ius praevium 3. Ius certum 4. Ius strictum 5. Nulla piena, sine leg
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