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Four Goals of Criminal Law
- 1. Deterrence
- 2. Incapacitation
- 3. Rehabilitation (cure)
- 4. Retribution
- Specific- punishment- imprisonment
Going to jail
- Domestic violence
- AR (accelerated rehab)
Don’t commit crimes again s
Where do we get laws?
Statues (2 or 3 books), common law (cases)
Why can states make different rules?
If not decided by fed gov, states get police power
power granted to states for the health of their citizens
intent- determines severity in any case
4 levels of intent
4 levels of intent, do exactly what you intended to do (want to hit head and hit head)
4 levels of intent, acted knowing that the result was extremely likely to occur (want to kill, want to shoot in head but hit chest)
4 levels of intent, conscious risk creation (didn’t intend to do it but when drive too fast cant prevent anything bad that is going to happen)- conscious decision you are made didn’t think anything bad was going to happen (know you think it is pretty likely something will happen and do it anyways)
4 levels of intent, unconscious risk creation- weren’t consciously aware of the risk you were creating but you should have- rarely considered criminal – sometimes homicide (usually civil)