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Criminal Law > Crim Law Background > Flashcards

Crim Law Background Flashcards

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1
Q

Criminal punishment requires the ___

A

capacity to make moral choices

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2
Q

Potential goals of crim law

A

prevent harm, punish

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3
Q

two theories of punishment

A

utiliatarian, retribution

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4
Q

How is system of cultural meaning in crim law not monolithic?

A

(1) changes over time (2) same culture may have conflicting values (3) subcultures [US multiculturalism]

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5
Q

Retributionists think crime and punishment must ___ examples include___

A

match, murder for life fine for jaywalking

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6
Q

Retribution theory focuses on __

A

blameworthiness/moral culpbability

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7
Q

Retribution is about choosing ____ over ___

A

state monopoly on violence, vengeance

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8
Q

Retribution has ____ for the social good

A

no consideration

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9
Q

Retribution is __ looking

A

backwards

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10
Q

Utilitarianism is ___ looking and wants to ___

A

forward, create good outcomes

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11
Q

Three different utilitarian ideas

A

deterrence, incapacitation, rehabilitation

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12
Q

Deterrence aims to prevent crime by ___

A

threatening unpleasant consequences

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13
Q

What is general deterrence?

A

deter general public from committing crime

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14
Q

What is specific deterrence?

A

deter one criminal from committing more crimes

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15
Q

For deterrence theory to work, criminals must consider ___

A

punishment vs. probability of conviction BEFORE committing a crime

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16
Q

Deterrence approach to child porn

A

life sentence for child porn (prob low so punishment must be high)

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17
Q

For deterrence punishment ____ the crime

A

need not match

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18
Q

Incapacitation theory idea

A

remove person to protect society (usually incarceration)

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19
Q

Incapacitation is interested in targeting ___

A

repeat offenders

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20
Q

For incapacitation punishment ___ the crime

A

need not match

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21
Q

Rehabilitation philosophy

A

everyone capable of being reformed so goal to provide personalized treatment

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22
Q

Problems with rehabilitation

A

people may not reform, it’s expensive, victims may not support it

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23
Q

Criminal law method is a series of commands ___

A

in general terms telling people what they must/must not do

24
Q

Crim law demands are ____

A

(1) valid/binding on all who fall within the terms (2) speak on community’s behalf (3) subject to sanctions for disobedience which community will enforce (4) crim different from civilW

25
Q

What makes criminal law different from civil?

A

formal, solemn, community condemnation

26
Q

Constitution does not __ but it ___

A

set forth crimes/defenses (except treason) but it limits how govt can punish

27
Q

CL jdx

A

judges will interpret crim statutes and announce new rules

28
Q

MPC Jdx

A

product of ALI sets for common law for states to adopt, influences state law

29
Q

No state has ____ the MPC

A

fully adopted

30
Q

Three goals for statute interpretation

A

(1) respect plain language (2) discern intent of legislature/voters (3) make sure interpretation doesn’t conflict with other cases

31
Q

Three informal rules of interpretation

A

(1) begin with statute text itself (2) grammatical + syntax rules (3) canon of statutory construction

32
Q

2 examples of grammar/syntax rules

A

(1) meaning of unclear words resolved by words around them (2) general words that follow specific words in a list should be construed as referring only to types of things identified by the specific words

33
Q

What is the rule of lenity

A

all doubts in reading a statute should be resolved in favor of the D

34
Q

rationale for rule of lenity

A

fair notice required by due process (law must be clear enough to support conviction)

35
Q

What is the typical standard for rule of lenity

A

grievous ambiguity

36
Q

Dauray facts

A

D possessed 13 unbound porn pictures of minors

37
Q

Dauray issue

A

whether “other matter containing any visual depiction” includes individual pictures

38
Q

Dauray statute

A

punish possession 3 or more books, videos or other matter

39
Q

Dauray holding

A

statute ambiguous after applying canons so apply rule of lenity

40
Q

Why does plain meaning not help in Dauray

A

Cong. provided no definition of what “other matter” means and ordinary common sense meaning not helpful

41
Q

Three reasons for beyond a reasonable doubt

A

(1) reduce risk of conviction based on factual error (2) lack of fairness if same standard as civil trials (3) moral force of law would be diluted by doubtful standard of proof

42
Q

Why is it unfair to have same standard of proof for civil and criminal?

A

liberty and stigma concerns not present in civil

43
Q

Beyond a reasonable doubt is required by ___

A

due process clause of 5 and 14

44
Q

2 strategies for defense based on the standard

A

(1) cast reasonable doubt on one element of the crime (2) admit but argue for acquittal based on circumstance

45
Q

when defense trying to prove affirmative defense the standard is ___

A

preponderance of the evidence

46
Q

what is jury nullification

A

act of returning jury verdict contrary to law because jury not strictly obliged to follow the law

47
Q

How are jurors allowed to return verdict contrary to law?

A

(1) cannot be punished (2) verdict can’t be overturned by a judge

48
Q

What is race based jury nullification

A

YLS prof arrgues black jurors should engage in race based nullification of black D charged with non violent crimes

49
Q

Duncan v. Louisiana facts

A

D allegedly slapped white boy, LA didn’t require jury trials for battery

50
Q

Duncan v. Louisiana holding

A

Trial by jury guaranteed by 6A and under 14A due process all states obliged to follow jury trials too in criminal cases

51
Q

Pros of jury

A

(1) avoid potential bias favoring repeat players like friendly judges and prosecution (2) allow peers to decide blame

52
Q

Cons of jury

A

(1) juries not experts (2) juries can get it wrong and no appeals for “not guilty”

53
Q

Harlan dissent says juries may ___

A

afford higher justice by refusing to enforce a harsh law

54
Q

Problems with jury nullification

A

(1) no double jeopardy (2) deliberate in secret so judge can’t go back and find where they messed up

55
Q
A

Criminal Law (10 decks)

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