LAWS1021 CRIME AND THE CRIMINAL PROCESS ESSAY QUESTION SUMMARY NOTES

Description

Summary notes from all essay related readings summarised for easy application under exam conditions Topics Covered: - Criminalisation and Penalty Contextualising Criminal Law - Theories of Criminalisation: Normative and Contextual - Criminal Responsibility and Citizenship - Internal and external constraints on criminalisation - Public wrongs and governmental civil order - Institutional Theory - Contextual vs. Normative: The limits of rapprochement - An Empirical Foundation: Modalities of criminalisation - The Criminal Process (1): Two Tiers of Justice - Two Tiers of Justice - Class Notes; Two Tiers of Justice; technocratic justice; a case study on COVID fines - The Process as Punishment - Technocratic Justice - Revising the Two Tiers 29 - The expansion of summary justice - Technocratic Justice: The Drive for Efficiency - Introduction - Due process and technocratic and administrative rationalisation of justice - “On the Spot Justice”: Infringement notices, fines and “simulated governance” - Invisibility of the Pre-trail process – Discretion - Miscarriages of Justice