DB1
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Liberty University *
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400
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Law
Date
Jan 9, 2024
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docx
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2
Uploaded by 1993zp
1. Criminal Law is moral in both the secular world and within a biblical sense because in both
places, we are attempting to create and uphold justice. Criminal Law is to be modeled after a
moral way because we do not want to attempt to fix a wrongdoing with an immoral act. In the
secular world, criminal law is challenged constantly and put to the test, all while people are
attempting to change the way the justice system works. However, if we focus on making criminal
law into a more moral alignment with the Bible, then perhaps the confusion would be eliminated.
2. Actus reus, mens rea and strict liability in my opinion could potentially be considered biblical
based on how you analyze the situation. Actus reus or a guilty act normally requires mens rea or
a guilty mind in order for the person to be considered guilty of the crime. Strict liability however
does not require mens rea to be proven and instead says that guilt can be proven with only the
actus reus. I think that in a biblical sense, this is a valid alignment with the Bible because it
ensures that we are not cheating justice. Strict liability can be abused however so it must be
reserved for the appropriate crime to ensure that indeed justice is served. As Deborah C. England
discusses, “Strict liability offenses tend to carry lower-level penalties”. (England, 2010)
3. According to the presentation, the importance of understanding justice and how modern-day
ideas of things like social justice go into our criminal law can be effective or ineffective. It is
important that we maintain our criminal law in the sense of how God laid out justice in the Bible.
When we attempt to change meanings and alter context, it can become an overall unjust system.
There are however some items in the Bible that should not be taken in their literal sense because
it would be wrong to do that act. If we follow Gods plan for how to successfully administer
justice, then justice would be served to far more people. “He has told you, O man, what is good;
and what does the Lord require of you but to do justice, and to love kindness, and to walk humbly
with your God?” (Micah 6:8)
4. Restorative justice requires the criminal to play an important and more involved role in their
punishment and rehabilitation. It allows the criminal to create amends with the victim and
actually get to the root of the problem and correct it instead of covering it with a temporary fix.
Restorative justice is still not one of the most common viewpoints within our justice system but
with continued push and change, it can become the centerpiece for how we handle our criminal
justice system.
England, D. C. (2010, November 29).
Mens Rea in Criminal Cases
.
Www.criminaldefenselawyer.com; Nolo.
https://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-
defense-case/mens-rea-its-effect-criminal-cases
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