1. Theories of criminal punishment are divided primarily into two schools of thought: retributionists and preventionists. In what ways are the schools of thought similar? Different? Which school do you support? Why?
Criminal Law: SPRING 2024 MIDTERM
Answer all questions. Include APA style citations. Each question is worth 25%
1. Theories of criminal punishment are divided primarily into two schools of thought: retributionists and preventionists. In what ways are the schools of thought similar? Different? Which school do you support? Why? This is Chapter 1, pg. 22-23.
2. What if you saw a child drowning in a lake? You are not a good swimmer, but there is no one else nearby to rescue the child. You live in a jurisdiction under the “Good Samaritan” doctrine. What would you do? What if you lived in a jurisdiction under the American Bystander rule? Would you do anything differently. Chapter 3, pg. 112-113.
3. Discuss the five elements of criminal liability and the meanings and importance of each. What crimes can you think of that require no mental element. Why is this? Ask students to explain concurrence. What is the difference between criminal act and criminal conduct. Chapter 3, page 97.
4. Criminal intent, or mens rea, is the mental state that accompanies a forbidden act. This differs from motive, which is something that causes a person to act. Motive is not a required element of a crime. For what kind of crime is motive most likely to be important? How might the motive for a crime impact sentencing by a jury? Discuss cases you have heard or read about in the news where criminal intent and motive are important. Chapter 4, page 133.
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