Deontological- based on first principles/
natural law: “It is right because it is right.”
Precedent- decisions previously made in
similar situations
Teological- based on consequence:
“Shouldn’t kill because it takes someones
life.”
Analogy- comparing other situations to the
one at hand
Utilitarian- based on what it best for
everyone (society)
-slippery slope: If we allow this, it will lead
to worse things being allowed and then
chaos
-floodgates: If we allow this once, then
many people will begin doing it and it is will
be very bad for everyone
Ad hominen- attacking source of argument
or opinion to discount it
Argument Types
Punishment Theories
Retribution Deterrence Rehabilitation Incapacitation
Punishment because one
deserves it; must ‘pay
back debt to society’
created by crime
(deont.)
Punishment is good
because it discourages
future crime through
fear of punishment
-general: deterring
everyone from
committing that crime
-specific: deterring the
criminal being punished
from doing it again
Attempt to improve
criminal’s character so
he will be able to later
function in society w/o
committing crime
-could be open-ended so
could be worse on
criminal
-expensive
Making it physically
impossible for a person
to commit further crimes
-Not cost effective
-Punishing for
POSSIBLE future
offenses
-What about criminals
who would never
commit another crime?
Elements of a Crime
1. actus reus: required conduct
2. attendant circumstances
3. result
4. mens rea: required mental state to commit the crime
5. No justifications or excuses to negate defenses to the crime
6. No statute of limitations defense to commit crime
7. Proper jurisdiction or venue