EXAM NOTES CRİMİNAL LAW
WEEK 1
The case:
● Socrates trail: the case against Socrates begins with 3 main charges:
● 1) in piety or not believing in the cities gods
● 2)introducing new deities
● 3) corrupting the youth
Socrates was brought forth by three Athenians,they accused the philosopher of
challenging traditional Athenians beliefs.
Socrates found himself facing the might of the Athenian legal system.
The law:
● In ancient Athens, laws weren't written by a single ruler, but by the citizens
themselves in their assembly.
● Free male citizens could propose and vote on laws at true direct democracy.
● no official prosecutors or professional lawyers.Ordinary citizens could bring forth
accusations.
● Cases were decided by large juries, sometimes comprising hundreds of citizens.
● Moreover, the accused and accuser would present the arguments and the jury
would decide the fate through a majority vote.
● There was no appeal and the decision was final.
Socrates defence strategy was rooted in challenging the vagueness of the charges and
using logic to trap his accusers in contradictions.
W1. Montesquieu - Persian Letters
, 2
The documents discuss the nature of government and the impact of punishment severity on
societal obedience. In Letter 81 of Montesquieu's 'Persian Letters,' Usbek writes to Rhedi about
the various forms of government in Europe, contrasting them with the uniformity in Asia, and
suggests that the most perfect government is one that achieves its goals with minimal friction,
aligning with people's natural inclinations1. He argues that mild governments can command as
much obedience as severe ones, and that the severity of punishment should be proportional to
the crime, with the perception of punishment's severity being relative to cultural norms1.
Additionally, he notes that harsh punishments do not necessarily result in better adherence to
laws or fewer crimes, and can lead to injustice and unrest, with severe punishments often
sparking uncontrollable tumult . The second document describes a sudden and unforeseen
revolution in the Ottoman Empire, where a simple request for justice led to the unexpected
naming and installment of Mustapha as Emperor, illustrating how minor incidents can trigger
significant political changes.
Forms of criminal law:
there are 2 main forms of criminal law;
1) Criminal Procedure Law
- Rules how to process crime and crimşnals
- Limits state power
- Follows principles of justice and fairness
2) Substantive Criminal Law
- Rules of proper conduct
- Limits capacity to act, restrict autonomy for safeguarding and prevention
Forms of Criminal law
Substansive criminal law Criminal procedure law
Rules on how to behave Rules on how to process
crime and criminals
Limits people Limits states and their
representatives
Protection an prevention Justice and fairness
, 3
Categories of Criminal Law:
Mala in se - inherent wrongs, acts that are perceived as being morally wrong ( rape,
murder)
Mala prohibita - minor wrongs, these actions are wrong because the law says so (
wrong parking, illegal fishing)
Theories of Criminal Law:
● Retribution:punishment is a deserved response for a culpable wrongdoing.
● Deterrence: sanctions deter people from committing crimes.
● Special deterrence: locking up a person to prevent future crimes
● Rehabilitation: measures that impact the perpetrator’s life in a positive sense (
education in prison)
Forms of criminal justice:
Again there is 2 main heads;
● Territoriality: crimes committed on the territory of the state.
● Extraterritoriality: state exerts jurisdiction outside its territory
- Universality principle: claim jurisdiction of alleged person regardless of where
the crime was committed and regarded of the nationality because of the severity
of the crime committed
● Nationality principle:
- Passive nationality principle: focus on alleged perpetrator
- Active nationality principle: focus on victim of crime
● Double criminality: for a state to exercise its own criminal law under the
nationality principle, the conduct must be punishable by criminal law in the state
where the act transpired.
Question:
Read the excerpt from the Sentencing Act 1991 of Victoria (Australia) quoted below and
argue which theory of punishment is best reflected in these sentencing guidelines.
WEEK 1
The case:
● Socrates trail: the case against Socrates begins with 3 main charges:
● 1) in piety or not believing in the cities gods
● 2)introducing new deities
● 3) corrupting the youth
Socrates was brought forth by three Athenians,they accused the philosopher of
challenging traditional Athenians beliefs.
Socrates found himself facing the might of the Athenian legal system.
The law:
● In ancient Athens, laws weren't written by a single ruler, but by the citizens
themselves in their assembly.
● Free male citizens could propose and vote on laws at true direct democracy.
● no official prosecutors or professional lawyers.Ordinary citizens could bring forth
accusations.
● Cases were decided by large juries, sometimes comprising hundreds of citizens.
● Moreover, the accused and accuser would present the arguments and the jury
would decide the fate through a majority vote.
● There was no appeal and the decision was final.
Socrates defence strategy was rooted in challenging the vagueness of the charges and
using logic to trap his accusers in contradictions.
W1. Montesquieu - Persian Letters
, 2
The documents discuss the nature of government and the impact of punishment severity on
societal obedience. In Letter 81 of Montesquieu's 'Persian Letters,' Usbek writes to Rhedi about
the various forms of government in Europe, contrasting them with the uniformity in Asia, and
suggests that the most perfect government is one that achieves its goals with minimal friction,
aligning with people's natural inclinations1. He argues that mild governments can command as
much obedience as severe ones, and that the severity of punishment should be proportional to
the crime, with the perception of punishment's severity being relative to cultural norms1.
Additionally, he notes that harsh punishments do not necessarily result in better adherence to
laws or fewer crimes, and can lead to injustice and unrest, with severe punishments often
sparking uncontrollable tumult . The second document describes a sudden and unforeseen
revolution in the Ottoman Empire, where a simple request for justice led to the unexpected
naming and installment of Mustapha as Emperor, illustrating how minor incidents can trigger
significant political changes.
Forms of criminal law:
there are 2 main forms of criminal law;
1) Criminal Procedure Law
- Rules how to process crime and crimşnals
- Limits state power
- Follows principles of justice and fairness
2) Substantive Criminal Law
- Rules of proper conduct
- Limits capacity to act, restrict autonomy for safeguarding and prevention
Forms of Criminal law
Substansive criminal law Criminal procedure law
Rules on how to behave Rules on how to process
crime and criminals
Limits people Limits states and their
representatives
Protection an prevention Justice and fairness
, 3
Categories of Criminal Law:
Mala in se - inherent wrongs, acts that are perceived as being morally wrong ( rape,
murder)
Mala prohibita - minor wrongs, these actions are wrong because the law says so (
wrong parking, illegal fishing)
Theories of Criminal Law:
● Retribution:punishment is a deserved response for a culpable wrongdoing.
● Deterrence: sanctions deter people from committing crimes.
● Special deterrence: locking up a person to prevent future crimes
● Rehabilitation: measures that impact the perpetrator’s life in a positive sense (
education in prison)
Forms of criminal justice:
Again there is 2 main heads;
● Territoriality: crimes committed on the territory of the state.
● Extraterritoriality: state exerts jurisdiction outside its territory
- Universality principle: claim jurisdiction of alleged person regardless of where
the crime was committed and regarded of the nationality because of the severity
of the crime committed
● Nationality principle:
- Passive nationality principle: focus on alleged perpetrator
- Active nationality principle: focus on victim of crime
● Double criminality: for a state to exercise its own criminal law under the
nationality principle, the conduct must be punishable by criminal law in the state
where the act transpired.
Question:
Read the excerpt from the Sentencing Act 1991 of Victoria (Australia) quoted below and
argue which theory of punishment is best reflected in these sentencing guidelines.
