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Elements of a Just Punishment - Coggle Diagram
Elements of a Just Punishment
Categories of crimes
Mala in se
Bad in and of themselves; Bad by their very nature
Mala in prohibitum
Strict liability
statutory rape
selling alcohol to a minor
selling spoiled food
things that are bad because society decided to prohibit them
Culpability
the extent to which the act committed is the defendant's fault
Blame-ability
evidence either inculpates or exculpates a defendant
Legality
Does the law warn people about what conduct violates the law? (AKA Puts them on notice)
Proportionality
to differentiate between conduct so that the punishment fits the crime
Elements of a crime
Mens rea
Guilty mind
Knowingly/intentionally
practically certain that conduct will cause a certain result
Recklessly
consciously disregards a substantial and unjustifiable risk
Purposefully/Willfully
it was the conscious object of the defendant to engage in an act and wanted to cause that particular harm
Negligently
The person either knew or should have known that he was causing a substantial and unjustifiable risk
Actus Reus
A voluntary act
Act of commission
Act of omission
The state must prove every element of the crime BRD or else the defendant is acquitted
The state has the burden of proof. It's on their shoulders
Because Defendant remains innocent until proven guilty BRD
