Crime and Punishment

1. individual
2. General

   Nota:

   • exemplary sentencing eg Londn Riots, higher setencing in mags
3. Educative

1. Incapacitation
2. Rehabilitation
   1. Kenneth Clark

1. Bentham

   Nota:

   • Greatest Good for greatest number, punishment not bad, neccesary evil

1. Unfair Advantage- Kant
   1. Finnus- wrongful excess of freedom
   2. Fletcher

      Nota:

      • Criminal law should reflect way we live
   3. Measuring desserts

      Nota:

      • Look at extent of harm and level of blameworthyness
   4. Previous Convictions
2. CJA 2003

   Nota:

   • Endorsed princple of JD. since 1991 however, other types of sentencing have been prevailing.

1. get what you deserve when commit a crime
2. Negative Retribution- Hart

   Nota:

   • ceiling of max punishment, only punish people because what they deserve, not beyond
3. Sentencing Guidelines

   Nota:

   • for every crime in English law, descriptive rather than numerical giudes for sentencing. includes factors such as premeditation, not juts culpability and harm

Nota:

• criteria of what is criminal and what's not changes over the year

1. Brown

   Nota:

   • Sadomasicistic case. when is it lawful to inflict injuries. 
2. Criminal Liabilty in Regulatory Contexts

   Nota:

   • More and more things that are civil problems are becoming crimes. 
3. Legal moralism
   1. Devlin v Hart
   2. Destructive to the very fabric of societty
   3. Assumes shared morality that criminal law should enforce
4. The harm principles
5. Paternalism
6. wrongful conduct