Purposes of laws – Flashcards

The philosophy of law. The science and study of the law.

A body of rules of conduct. Prescribed by a legitimate authority. Form of statute. Mandates certain forms of behaviors.

Maintain order in society. Regulate human interaction. Enforce moral beliefs. Define the economic environment. Enhance predictability. Support the powerful. Promote orderly social change. Sustain individual rights. Redress wrongs. Identify wrongdoers. Mandate punishment and retribution.

Standards of behavior are established by laws and not by dictators or religious leaders. No person is above the law. Everyone is subject to the law. Everyone can be held accountable in court for their actions.

Laws defining crimes and penalties must be made public before being enforced. Made public by publishing laws. Puts the members of society on notice

"Not after the fact'. A person cannot be punished for actions committed before the law prohibiting the behavior was passed.

the definitions of laws must be clear and reasonable, specifying prohibited behaviors otherwise, those laws are illegal. A law must say what it means and mean what it says.

Laws are illegal if they are stated so broadly as to prohibit legal actions as well as the illegal behavior

The government must treat people equally and fairly before the law

Limits the power of governments to create crimes unless there is compelling, substantial, public interest in regulating or prohibiting the conduct.

requirement that the government must follow established procedures and treat defendants equally.

Laws cannot violate the reasonable personal privacy of citizens

Punishment that violates the principle of proportionality and is considered too harsh for the crime committed. Prohibited by the 8th amendment.

Legal function of the law. 1. Control crime - protects the public's safety, and produces order.

Legal function of the law. 2. Deterrence of illegal behavior, identifies illegal behaviors, describes punishments for behavior. Two types of criminal deterrence - Individual, General.

Legal function of the law. 3. Punishment Regulation - Safeguard against - Arbitrary punishment, and Excessive punishment. Determinate sentencing.

Legal function of the law. 4. Nulla poena sine lege - "No punishment without law"

Social function of the law. 1. Social control- efforts by society to regulate the behavior of its members. 2. Social order- all legal systems maintain and protect it.

Social function of the law. 3. Social change - the process by which ideas and practices are modified either actively or passively through natural forced or deliberate social actions.

Any act that the government has declared to be an offense against the public good, declared by statute to be a crime, and which is prosecuted in criminal proceeding.

1. Mala in se - acts that are crimes because they are inherently evil. 2. Mala prohibita - acts that are prohibited because they are defined as crimes by law, not because the act is harmful or inherently evil.

1. Actus reus - the actions of the person committing a crime as defined by law. 2. Mens rea - the state of mind and intent of the person committing the actus reus. 3. Concurrence - the completeness of the crime - bringing together the actus reus and mens rea.