Basic Principles of Criminal Law Flashcards
What is the Retribution Theory of punishment?
Make the Criminal suffer for what he has done; an “eye for an eye.”
Take people who have harmed society and make them pay appropriately.
What is Deterrence? (Principle of Punishment)
Keep people from wanting to commit the crime due to the punishment. Important that people know about the punishment for that particular crime and that there is a likelihood of getting caught.
What are the two types of Deterrence? Define them.
General - deterring society as a whole by punishing an individual, and letting society know about that punishment. Use the person who committed the crime as an example to deter society.
Specific - Deter the specific individual from committing the crime again.
Define the Incapacitation/Isolation principle of punishment.
Remove the offender from society for a specific time to keep him from committing a crime.
Define the Rehabilitation theory of punishment.
Reform the individual so he becomes a law abiding citizen of society.
People v. Suite - Suite found carrying a non-registered handgun. Minimum punishment one year in jail. Purpose of the law was general deterrence - if you do not register your gun, and you get caught, you will spend one year in jail.
Trial court sentenced Suite to 30 days using judicial discretion. Higher court upheld.
NY advertised the law as the “strictest gun law in the country” so trial court did not excessively fail to observe the principles of sentencing.
Lorton Prison - Retribution should be proportional based on the crime. How does the retribution principle work inside the prison?
- In Lorton Prison, the crime is ignored, all prisoners are treated the same regardless of how they got there.
- Longer sentencing terms for different crimes does not necessarily work as retribution. The experience while incarcerated should be different for a murderer and a thief.
Lorton Prison - How does the principle of general deterrence work in the prison?
Usually, people committing crimes do not think they are going to get caught, and thus are not deterred by the threat of prison.
- The individuals are learning how to avoid getting caught, or to choose a different crime because there is less chance of being caught.
Lorton Prison - How does the rehabilitation principle work inside?
Very difficult for criminals to reintegrate with family, society, and getting a job. Often they can survive for a short amount of time, but have difficulty adjusting and often turn back to criminal activity.
Lorton Prison - How does the principle of Incapacitation work in prison?
Prevents crimes occurring in the community, unless involved in a conspiracy or directing gangs on the outside.
- Large amount of criminal activity inside prison against other criminals.
What is the presumption of innocence?
The prosecution has the burden of proving guilt before defendant must present a defense (innocent until proven guilty).
What is the burden of proof required for a criminal case?
Beyond a reasonable doubt.
What is a Prima Facie defense?
An attempt to create a reasonable doubt in the minds of the jury.
What is an affirmative defense?
Defendant admits guilt to the charged offense (admits to doing to act), but claims he should be acquitted either because he was justified in acting the way he did or because he should be excused.
What is the “ordinary meaning” for statutory interpretation?
If there is no specific definition in the statute, then the court must determine the ordinary meaning of a word or phrase; how it is used in everyday life.
