Cesare Beccaria Flashcards
C.B. which century
18th century Italy
L’ Academi de pugni
Academy of the fist
The right to punish
To guarantee security; needs right of security to punish.
Presidential pardon
State loses legitimacy
What could determine the consequences of a crime?
Laws
Should judges interpret the law case-by-case or equally for all?
Equally for all
Obscurity of the law
Laws must be universally be interpreted & understood by all citizens
Is ignorance a defense?
No
Imprisonment is a punishment
yes
Beccaria said laws should be written?
yes
Jail for minimum amount of time
yes
Constitutional Amendment (speedy trial)
yes
Waive right to speedy trial
normally done
48 hour rule vs 30 day rule
elements of crime (48 hrs) must be tried within (30)
Defense attorneys are time constrained
yes
court could only trial 2-3% presented
yes
Should evidence be made public?
Yes, to test legitimacy
Anything happening in court is public record?
yes
Witnesses should be considered only in what respect?
Only if they are interested in telling the truth
The credibility of a witness must diminish in proportion to the hatred or friendship to the witness.
True
Best witnesses should not be a friend or foe of victim or suspect
true
Secret accusations: could you defend yourself?
No
Discovery
Prosecutor must turn in all evidence
Could conviction be vacated on appeal if discovery isn’t full and complete
yes
leading or suggestive questions of an accused could arrive to the truth?
No
six pack
a six picture line-up of similar suspects
Rich Heisman
expert witness
six pack is reliable
no
laws and a persons interests contradict one another when an oath is required.
true
French could be forced to testify
true
USA constitutional protection to testify against yourself
true
Free to go?
yes: not detained no: detained
Probable cause
warrant
Humans social animal: do we want to be liked?
yes
Could people waive right not to testify?
yes
Demographic similarities help the defendant?
yes e.g. hicks!
Bundy armed confrontation
ranger station FBI killed one dead.
Bundies testitifed
Jury was sympathetic; and were found innocent.
Torture does not produce the truth
true
Torture only tests how much pain tolerance you have
true
Is torture punishment?
yes
Torture leads to punishing the innocent?
yes
Should the punishment be in proportion to the crime?
yes
Important thing about punishment is the impression or dissuade value.
true
Promptness of punishment:
Deterring value is contingent on timeliness?
true
Certainty of punishment and mercy:
Pardons used to excuse the guilty based on personal connections and status only serve to undermine the value of deterring crimes.
undermines the deterring value of punishment.
Who said, “the greatest happiness of the greatest number?”
Cesar Beccaria
What did Montesquieu say?
Punishment which does not arise from absolute necessity, is tyrannical
What is sacred and valuable?
Punishment in proportion to liberty
Where are lies the sovereign’s right to punish?
The human heart
What makes policy endure?
Indelible sentiments of the heart of man
No man ever gave up is liberty merely for the good of the public
true
Does every man wish he was not bound by the compacts that bind the rest of mankind?
Yes
We’re societies formed from the natural resources surrounding them and what brought men to form new societies?
When the number of men outgrew the resources around them. War was transferred from individuals to nations.
Is necessity the reason why men give up liberty?
Yes
Is justice considered a bond that keeps the interest of men United?
Yes
What is considered unjust?
Punishment that exceeds the bond created by Justice.
What is an introduction to anarchy?
The violation of laws that bind society and an individual.
What is the proportion between crimes & punishment
That crimes that produce the greatest evil should have less frequency then those that produce less evil. Legislature theory on punishment
Punishment should only be to inculcate the perpetrator from further injury to society
True
Is torture useless?
Yes because it only measures ability to tolerate pain.
Is immediate punishment necessary?
Yes otherwise message to society isn’t effective
Will a mild punishment be more effective than a violent punishment
Yes
What happens if punishments are too severe?
They will commit other crimes to overcome the first crime
Will anarchy and impunity succeed excessively harsh punishment?
yes
Should punishment be in proportion to the state of the nation?
yes
Should punishment be an act violence?
no
Should punishment be public, immediate, and necessary in proportion to the crime and determined by law?
yes
The only righteous measure of a severity of a crime is the harm done to society (not an individual)
No, sentencing phase, victims are allowed to voice their grief!
why shouldn’t victim be allowed to voice during sentencing trial.
sentencing is about harm to society not an individual. The sentence should not consider victims pain. Its not about revenge
Only reason state could justifiably execution is?
If they continue to be a threat to life even while incarcerated.
Did Beccaria say that “continual punishment” is more effective - than executions?
yes
Killing only provides momentary reminder; not as effective as a long reminder (continuously punished)
stockade
If killing is wrong than how is an execution better?
Beccaria
