Punishment Rationales
This theory of punishment focuses on sending a message to society to prevent future crimes.
What is general deterrence?
This elements refers to the physical act or conduct of a crime.
What is actus reus?
A failure to act is only criminal when this exists.
What is a legal duty to act?
Parent-child relationships are an example of this source of duty.
What is a special relationship?
This mental state involves consciously desiring a result.
What is purposeful?
This punishment rationale removes offenders from society to prevent further harm.
What is incapacitation?
This element refers to the defendant's state of mind.
What is mens rea?
Criminal law punishes this type of act, which must be a chosen exercise of will.
What is a voluntary act?
Mandatory reporting laws are an example of this source of duty.
What is a statute?
This mental state involves awareness that a result is practically certain.
What is knowing?
Known as "an eye for an eye," this principle requires punishment proportional to the harm caused.
What is retribution?
This element links the defendant's act to the resulting harm.
What is causation?
Reflexes, convulsions, and actions during sleep fall under this category of acts.
What are involuntary acts?
Agreeing to provide care creates this type of legal duty.
What is a contract?
This mental state involves consciously disregarding a substantial risk.
What is reckless?
This approach focuses on reforming offenders so they can reintegrate into society.
What is rehabilitation?
This mental state involves failing to recognize a risk one should have known.
What is negligence?