CRW 2601 Complete Questions with Correct Answers LATEST PACKAGE 2023

What are the Theories of Punishment? Correct Answer 1. Absolute 2. Relative a) Retributive b)Preventative c) Deterrence i) General deterrence ii) Individual deterrence d) Reformative 3. Combination What is Retributive theory? Correct Answer Retribution is the restoring of the legal ...

Discuss Unlawfulness. Correct Answer Conduct is unlawful if it conflicts with the boni mores or legal convictions of society. In order to determine whether conduct is unlawful, one must therefore enquire whether the conduct concerned conflicts with the boni mores or legal convictions of society. The...

Discuss Mistake. Correct Answer Mistake nullifies intention. If X was not aware of all the factors of intention (act; existence of all the circumstances set out in the definitional elements; unlawfulness), X could not have committed a crime. The test to determine whether mistake excludes intention ...

Discuss the Concept of Legality. Correct Answer 1. Delict Directed against private interests. Form part of private law. Private party institutes action. Result in the guilty party being ordered to pay damages to the injured party. Injured party can choose whether he wishes to claim damages or n...

What is Culpability? Correct Answer Mens rea = fault. The mere fact that a person has committed an unlawful act which complies with the definitional elements and which is unlawful is not yet sufficient to render him criminally liable: X's conduct must be accompanied by culpability. Will be the case...

CLASSIFICATION OF PERSON INVOLVED IN A CRIME Correct Answer 1. Participants a. Perpetrators b. Accomplices 2. Non-Participants a. Accessories after the fact. PARTICIPANT Correct Answer is anyone who does something, in whatever manner, whereby she furthers the commission of the crime. On th...

Discuss Negligence (Culpa). Correct Answer Negligence (Culpa) A person's conduct is negligent if it falls short of a certain standard set by the law. This standard is, generally speaking, the caution which a reasonable person would exercise or the foresight which a reasonable person would have in t...

Discuss Definitional Elements and Causation. Correct Answer The definitional elements signify the concise description of the requirements set by the law for liability for a specific type of crime. Contains the formula for determining which elements apply to a specific crime. Definitional elements...

Discuss Intention. Correct Answer Intention (dolus) A person acts or causes a result intentionally if: a. he wills the act or result b. in the knowledge i. of what he is doing (i.e. the act). ii. that the act and circumstances surrounding it accord with the definitional elements, and iii. that...

Discuss The criminal liability of corporate bodies. Correct Answer Some jurists are of the opinion that corporate bodies ought not be held liable because: 1. The cannot act with culpability. 2. Only natural persons can act with a blameworthy state of mind. 3. Abstract entities cannot act with any...

Discuss Effects of Provocation. Correct Answer 1. May theoretically exclude X's voluntary act. (rarely in practice). 2. May exclude intention. 3. May confirm the existence of X's intention. 4. May serve as ground for mitigation of punishment after conviction. Discuss Test in respect of provo...

TWO ELEMENTS OF INTENTION Correct Answer 1. The cognitive element 2. The conative element COGNITIVE ELEMENT Correct Answer X's knowledge of 1. the act 2. the existence of the definitional elements 3. the unlawfulness of the act; CONATIVE ELEMENT Correct Answer X's directing his will towa...

TEST FOR NEGLIGENCE Correct Answer The test for negligence is objective (namely how the reasonable person would have acted) THREE FACTORS THAT EXCLUDE THE VOLUNTARINESS OF AN ACT Correct Answer 1. Absolute force - Excludes X's ability to subject his bodily movements to his will or intellect. 2....