Post ATiBi7PMPf432W1hWS by veereadstoomuch@esq.social
(DIR) More posts by veereadstoomuch@esq.social
(DIR) Post #AThv9UX0qlsJLz4Xya by Teri_Kanefield@law-and-politics.online
2023-03-17T13:06:38Z
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When I went to law school, I had no idea I'd go into criminal law.But I think the most interesting questions are in criminal law:What do we punish and why? (Not all bad behavior can be punished.)When should the power of the government be used to punish people? (Punishment is the deliberate infliction of pain.)Civil law = disputes between individuals.Criminal law = the government v. the individual.These are things to think about when preparing for the essay portion of the test :)
(DIR) Post #ATi3TEGzo6duM1VGOO by TruthSandwich@toad.social
2023-03-17T14:39:50Z
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@Teri_Kanefield More broadly, the plaintiff in criminal law is society because the crime is an affront to society, not just an individual.
(DIR) Post #ATi7E0U7BoNX3ydWVM by Teri_Kanefield@law-and-politics.online
2023-03-17T15:21:54Z
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@TruthSandwich Right, but different people will have different opinions on what is an affront to society.How do we decide?Criminal law is interesting precisely because these are difficult questions.
(DIR) Post #ATiA0CTC8F8Q2iJXGq by bjornivarsson@mastodon.social
2023-03-17T15:53:00Z
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@Teri_Kanefield @TruthSandwich This clarification also makes clear the need for independent courts and judges.
(DIR) Post #ATiBi7PMPf432W1hWS by veereadstoomuch@esq.social
2023-03-17T16:12:06Z
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@Teri_Kanefield I remember in law school when we were doing bar prep, a classmate wrote a beautiful beautiful essay about an arson and and it was great... .until you realized it was a civil case not a criminal case, so it was all wrong....
(DIR) Post #ATiHO2b9BZxc3ULhdA by TruthSandwich@toad.social
2023-03-17T17:15:45Z
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@Teri_Kanefield Not disagreeing with any of that. The distinction I wanted to make is between the government as an organization vs as a representation of its citizens.Criminal law isn't civil law with the government suing over damages to it. It's the government standing in for of all of us, which is precisely why it raises those difficult issues of what should be illegal.There is no simple way to determine what society should care about.
(DIR) Post #ATiIxnbOWAUxvQ4yzg by Teri_Kanefield@law-and-politics.online
2023-03-17T17:33:27Z
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@TruthSandwich Right. Also civil law is mostly about who pays for damages. If you injure someone, you have to pay. Even contract disputes are about creating fairness between people.With rare exceptions, there is no punishment in civil proceedings. You cause damage, you pay.Criminal law includes punishment, which is tricky and problematic. I ended up in criminal law because the questions were interesting.I did defense because the questions were harder.
(DIR) Post #ATiJEZlzBgv7xR27tI by TruthSandwich@toad.social
2023-03-17T17:36:28Z
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@Teri_Kanefield Punishment is one stated goal of criminal law, and possibly the only one it's reliably successful at. Rehabilitation and deterrence are two other goals, and they're harder.(A good example to illustrate your point is that, if you murder an orphan, there might not be anyone with standing to sue you civilly, but it's still a crime against society.)
(DIR) Post #ATih3tFgp2de5MMezA by Teri_Kanefield@law-and-politics.online
2023-03-17T22:03:28Z
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@TruthSandwich Punishment is not the goal. It is what happens.Deterrence and rehabilitations are theories that justify the punishment. (I wrote a book about this called Guilty? Crime, Punishment, and the Changing Face of Justice.)
(DIR) Post #ATihWUB383PciOpUPI by dan613@mstdn.ca
2023-03-17T22:08:34Z
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@Teri_Kanefield I wish we looked more at re-education and reform instead of just punishment. A person’s life is too valuable to waste away in jail if we can help it. That being said, people who are a danger to society should not be allowed in society.
(DIR) Post #ATilYmIj7E4rJxljoO by Teri_Kanefield@law-and-politics.online
2023-03-17T22:53:52Z
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@dan613 Me too. The liberal prosecutor in Georgia who the GOP legislature is after is trying to do that: Reduce incarceration in her community and find other ways to alleviate crime.
(DIR) Post #ATioRa6eMBWZKpNd6u by TruthSandwich@toad.social
2023-03-17T23:26:10Z
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@Teri_Kanefield Google says the goals are: "retribution, rehabilitation, deterrence, and incapacitation".So I'm using the wrong word: it's not punishment, it's retribution.They're related, though. The goal of retribution is to punish someone who deserves it.
(DIR) Post #ATitiAN3nDesDCmdoe by CarlataOld@mas.to
2023-03-18T00:25:12Z
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@Teri_Kanefield Is anyone in law schools thinking about the whole idea of punishment and how ineffective it is? And working on something else to do about criminal behavior?