Crim Law Background

Question 1

Criminal punishment requires the ___

Answer 1

capacity to make moral choices

Question 2

Potential goals of crim law

Answer 2

prevent harm, punish

Question 3

two theories of punishment

Answer 3

utiliatarian, retribution

Question 4

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

Answer 4

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

Question 5

Retributionists think crime and punishment must ___ examples include___

Answer 5

match, murder for life fine for jaywalking

Question 6

Retribution theory focuses on __

Answer 6

blameworthiness/moral culpbability

Question 7

Retribution is about choosing ____ over ___

Answer 7

state monopoly on violence, vengeance

Question 8

Retribution has ____ for the social good

Answer 8

no consideration

Question 9

Retribution is __ looking

Answer 9

backwards

Question 10

Utilitarianism is ___ looking and wants to ___

Answer 10

forward, create good outcomes

Question 11

Three different utilitarian ideas

Answer 11

deterrence, incapacitation, rehabilitation

Question 12

Deterrence aims to prevent crime by ___

Answer 12

threatening unpleasant consequences

Question 13

What is general deterrence?

Answer 13

deter general public from committing crime

Question 14

What is specific deterrence?

Answer 14

deter one criminal from committing more crimes

Question 15

For deterrence theory to work, criminals must consider ___

Answer 15

punishment vs. probability of conviction BEFORE committing a crime

Question 16

Deterrence approach to child porn

Answer 16

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

Question 17

For deterrence punishment ____ the crime

Answer 17

need not match

Question 18

Incapacitation theory idea

Answer 18

remove person to protect society (usually incarceration)

Question 19

Incapacitation is interested in targeting ___

Answer 19

repeat offenders

Question 20

For incapacitation punishment ___ the crime

Answer 20

need not match

Question 21

Rehabilitation philosophy

Answer 21

everyone capable of being reformed so goal to provide personalized treatment

Question 22

Problems with rehabilitation

Answer 22

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

Question 23

Criminal law method is a series of commands ___

Answer 23

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

Question 24

Crim law demands are ____

Answer 24

(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

Question 25

What makes criminal law different from civil?

Answer 25

formal, solemn, community condemnation

Question 26

Constitution does not __ but it ___

Answer 26

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

Question 27

CL jdx

Answer 27

judges will interpret crim statutes and announce new rules

Question 28

MPC Jdx

Answer 28

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

Question 29

No state has ____ the MPC

Answer 29

fully adopted

Question 30

Three goals for statute interpretation

Answer 30

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

Question 31

Three informal rules of interpretation

Answer 31

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

Question 32

2 examples of grammar/syntax rules

Answer 32

(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

Question 33

What is the rule of lenity

Answer 33

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

Question 34

rationale for rule of lenity

Answer 34

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

Question 35

What is the typical standard for rule of lenity

Answer 35

grievous ambiguity

Question 36

Dauray facts

Answer 36

D possessed 13 unbound porn pictures of minors

Question 37

Dauray issue

Answer 37

whether "other matter containing any visual depiction" includes individual pictures

Question 38

Dauray statute

Answer 38

punish possession 3 or more books, videos or other matter

Question 39

Dauray holding

Answer 39

statute ambiguous after applying canons so apply rule of lenity

Question 40

Why does plain meaning not help in Dauray

Answer 40

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

Question 41

Three reasons for beyond a reasonable doubt

Answer 41

(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

Question 42

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

Answer 42

liberty and stigma concerns not present in civil

Question 43

Beyond a reasonable doubt is required by ___

Answer 43

due process clause of 5 and 14

Question 44

2 strategies for defense based on the standard

Answer 44

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

Question 45

when defense trying to prove affirmative defense the standard is ___

Answer 45

preponderance of the evidence

Question 46

what is jury nullification

Answer 46

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

Question 47

How are jurors allowed to return verdict contrary to law?

Answer 47

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

Question 48

What is race based jury nullification

Answer 48

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

Question 49

Duncan v. Louisiana facts

Answer 49

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

Question 50

Duncan v. Louisiana holding

Answer 50

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

Question 51

Pros of jury

Answer 51

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

Question 52

Cons of jury

Answer 52

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

Question 53

Harlan dissent says juries may ___

Answer 53

afford higher justice by refusing to enforce a harsh law

Question 54

Problems with jury nullification

Answer 54

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