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Public Law: Constraining State Power
Exploration: The Law of Crimes
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Created by
Kim Olano
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Cards (4)
What is the point of criminal law?
The overall point of criminal law is to
constrain
the
power
of
the
state
–
criminal
law
is
public
law.
What does criminal law serve to do?
It serves to
constrain
the (1)
state's
declaratory
power and it's (2) retributive power.
State
Declaratory
Power
Power to declare conduct criminal in the first place.
Retributive
Power
Power to punish individuals who act in violate of those declarations.