Essay on Week 1 Criminal CHAPTER ASSIGNMENTS

1494 WordsApr 12, 20156 Pages
CHAPTER ASSIGNMENTS Chapter One 1. Explain the purposes or rationales for punishment and the arguments in favor of each rationale. Include a discussion about current trends in punishment. Two main purposes: Retribution & Prevention. Retribution looks back to past crimes and punishes individuals for committing them, because it’s right to hurt them. Prevention looks forward and inflicts pain, not for its own sake, but to prevent future crimes. There are four kinds: General deterrence, Special deterrence, incapacitation, and rehabilitation. Since the mid-1980s, reformers have championed retribution and incapacitation as the primary purpose of criminal punishment. 2. Explain the relationship between the general and special…show more content…
9. Define, compare, and contrast the “Good Samaritan” rule and the American bystander rule. Which rule is dominant in the United States? Which rule is best? Explain your position. “Good Samaritan” doctrine, which imposes a legal duty to help or call for help for imperiled strangers. American bystander rule is there’s no legal duty to rescue or summon help for someone who’s in danger even if the bystander risks nothing by helping. Only a few jurisdictions follow the “Good Samaritan” rule, nearly all follow the approach of the American bystanders rule. I believe in the “Good Samaritan” rule, because of morals alone. If you can save or prevent someone from being subjected to a crime or death, you have a moral obligation to do something. To stand by and do nothing should be a crime, as if you allowed the crime or harm to happen. Chapter Four 10. Discuss what is required for mistake to be a defense. How does this relate to the types of culpability in the Model Penal Code? Be sure to discuss the debate over whether to call mistakes a defense. Mistake is a defense whenever the mistake prevents the formation of any fault-based mental attitude; Namely, Puposedly, Knowingly, Recklessly, or Nigliently. Mistakes are sometimes called a failure-of-proof defense because defendants usually present enough evidence to raise reasonable doubt that the prosecution has proved that they formed the mens era required for criminal liability.

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