Criminal Law vs. Criminology: Concepts and Applications
Lesson 1: Concept of Criminal Law vs. Criminology
Criminal Law: A set of rules that regulate certain conduct as a crime by applying a legal consequence.
- Concept: A set of rules that regulate certain conduct as a crime by applying a legal consequence.
- Method: Abstract. Inductive method of science policy.
- Object of study: Crime. The crime is understood as the violation of a penal norm. The existence of the crime is valued in the Penal Code.
- Offenders: The only interest shown to the particular offender
Criminal Law Defenses: Mens Rea, Capacity, and More
Criminal Law Defenses
Negation of Mens Rea
Negation of mens rea:
- We speak of the defense of accident in a case in which the conscious conduct of the accused constitutes the actus reus of the crime charged. The allegation always is that the accused did not intend to produce the prohibited consequences (an accused who has been negligent or subjectively reckless will not escape liability).
- Ignorance of fact is a defense if it results in the accused lacking the intention, subjective recklessness, or guilty
Beccaria’s Critique on Crime, Punishment, and Liberty
Beccaria on Arbitrary Infringement of Individual Liberties
Cesare Beccaria argues that individual liberties can be arbitrarily infringed upon by those acting on behalf of the law. He proposes that law should protect individual liberties by adhering to the following principles (Chapters II-V, XII, pp. 17-28, 46-47):
- Proportionality of Punishment: Punishment should be proportional to the crime committed. Beccaria states, “all punishments, which exceed the necessity of preserving this bond, are in their
Suspension of Sentences: Alternatives in Chile
Suspension of Sentences and Alternative Benefits
Article 1. The execution of sentences or restriction of liberty may be suspended by the court ordering them, to grant any of the following alternative benefits:
- a) Remission of sentence;
- b) Night confinement; and
- c) Probation.
The provision in the preceding paragraph does not proceed in the case of crimes specified in Articles 362 and 372 bis of the Penal Code, provided that in the latter case the victim is under 12 years of age.
Conditional Remission of
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Retroactivity of the Law: Laws govern future actions and are never retroactive unless otherwise stated.
More Benign Act: This is the exception to the principle of non-retroactivity. Laws can be applied retroactively only if they are more beneficial to the accused.
Declaration and Arrest Immunity: According to Article 18, nobody can be compelled to testify against themselves. Unlike the defendant, witnesses may refuse to testify. If they agree to testify under oath, they must tell the truth. If defendants
Read MoreFailures of the US Criminal Justice System
Why Arrest Rates Are Not an Accurate Measure of Crime
Arrest rates measure how many people were incarcerated, but this does not accurately reflect how many crimes were committed. It omits crimes where the perpetrator was not caught or crimes where the wrong individuals were apprehended. Furthermore, perpetrators of white-collar crime rarely see any jail time. Thus, their crime is not reflected in the arrest rate even though it occurs frequently. Arrest rates are also more reflective of police behavior
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