Character Of Criminal Law Flashcards
Theories of Punishment
What are the two overarching theories of punishment?
- Retributivism
- Consequentialism
Theories of Punishment
What are the 2 theories of Consequentialism?
- Deterrence
- Rehabilitation
Theories of Punishment
Define the theory of Retributivism
Criminal punishment is justified b/c the person who is punished deserves to be punished for wrongdoing.
Theories of Punishment
Define theory of Deterrence
Punishment justified by virtue of ability to deter people from committing criminal offenses
Theories of Punishment
Define Deterrence economic theory
Crime is socially destructive and socially destructive behavior is best reduced by raising the price those who engage in such behavior
Theories of Punishment
Define General Deterrence theory
Punishment is justified by virtue of ability to deter other people (people in the community, generally) from committing criminal offenses.
Theories of Punishment
Define Specific Deterrence theory
Criminal punishment of a particular D is justified by virtue of ability to deter that particular defendant from re-offending.
Theories of Punishment
Define the Deterrence theory of Rehabilitation
Punishment to treat not punish offenders, so they are less likely to reoffend after they are released
Principles of Statutory Interpretation
What are the basic steps to interpret criminal statute?
Apply rules developed by judges
1. Look to ordinary meaning
2. Unclear? Look to legislative history
3. Examine broad statutory framework
Key Takeaway from Regina v. Dudley
- Court focused on the letter of law and convicted
- No greater necessity to kill Parker than anyone else
- Queen granted mercy - discretion pervades in criminal law
Key Takeaway from People v. Kellogg
Conduct, not status, may be criminalized
* Culpability low + sanctions imposed low = no 8th amendment violation
What are the two broad classifications of crimes?
- Mala in se
- Mala prohibita
Define Mala in se
Know that it is bad and it lines up with societal rules about what is bad
Define Mala Prohibita
As a society we choose to prohibit this behavior, because we say it is bad
What is the standard to prove that someone is guilty of a criminal offense
“Beyond a reasonable doubt” (it remains undefined by the Supreme Court as to what is enough)
When is it disproportionate to apply the death penalty?
- Rape
- D did not kill or exhibit extreme recklessness in felony murder
- D is intellectually disabled
- D is a minor
How does the court apply proportionality in non-capital cases?
Only extreme sentences that are grossly disproportionate to the crime are forbidden
What is the “void for vagueness” doctrine?
- Crimes must be precisely defined so people know how to avoid criminal punishment
- Crimes should be defined to prevent arbitrary and discriminatory enforcement
What outcome if a law is found to be “void for vagueness?”
D is excused from criminal liability if the crime is so vague that people of common intelligence must guess at its meaning
Void for Vagueness
Under what circumstances is a law invalidated?
- Crime fails to provide notice that enables ordinary people to understand what conduct is prohibited
- Crime authorizes and encourages abitrary and discriminatory enforcement
Void for Vagueness
Takeaway from Nash
- Nash could not be surprised that rigging the market would be deemed a “conspiracy in restraint of trade”
- Punishment does not depend on if you do not intend or foresee the consequences
Void for Vagueness
Takeaway from Gray v. Kohl
Statute is unconstitutionally vague if it
1. Fails to provide notice as to what conduct is prohibited
2. Authorizes or encourages arbitrary and disriminate enforcement
