Crim Law Background Flashcards
Criminal punishment requires the ___
capacity to make moral choices
Potential goals of crim law
prevent harm, punish
two theories of punishment
utiliatarian, retribution
How is system of cultural meaning in crim law not monolithic?
(1) changes over time (2) same culture may have conflicting values (3) subcultures [US multiculturalism]
Retributionists think crime and punishment must ___ examples include___
match, murder for life fine for jaywalking
Retribution theory focuses on __
blameworthiness/moral culpbability
Retribution is about choosing ____ over ___
state monopoly on violence, vengeance
Retribution has ____ for the social good
no consideration
Retribution is __ looking
backwards
Utilitarianism is ___ looking and wants to ___
forward, create good outcomes
Three different utilitarian ideas
deterrence, incapacitation, rehabilitation
Deterrence aims to prevent crime by ___
threatening unpleasant consequences
What is general deterrence?
deter general public from committing crime
What is specific deterrence?
deter one criminal from committing more crimes
For deterrence theory to work, criminals must consider ___
punishment vs. probability of conviction BEFORE committing a crime
Deterrence approach to child porn
life sentence for child porn (prob low so punishment must be high)
For deterrence punishment ____ the crime
need not match
Incapacitation theory idea
remove person to protect society (usually incarceration)
Incapacitation is interested in targeting ___
repeat offenders
For incapacitation punishment ___ the crime
need not match
Rehabilitation philosophy
everyone capable of being reformed so goal to provide personalized treatment
Problems with rehabilitation
people may not reform, it’s expensive, victims may not support it
Criminal law method is a series of commands ___
in general terms telling people what they must/must not do
Crim law demands are ____
(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
What makes criminal law different from civil?
formal, solemn, community condemnation
Constitution does not __ but it ___
set forth crimes/defenses (except treason) but it limits how govt can punish
CL jdx
judges will interpret crim statutes and announce new rules
MPC Jdx
product of ALI sets for common law for states to adopt, influences state law
No state has ____ the MPC
fully adopted
Three goals for statute interpretation
(1) respect plain language (2) discern intent of legislature/voters (3) make sure interpretation doesn’t conflict with other cases
Three informal rules of interpretation
(1) begin with statute text itself (2) grammatical + syntax rules (3) canon of statutory construction
2 examples of grammar/syntax rules
(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
What is the rule of lenity
all doubts in reading a statute should be resolved in favor of the D
rationale for rule of lenity
fair notice required by due process (law must be clear enough to support conviction)
What is the typical standard for rule of lenity
grievous ambiguity
Dauray facts
D possessed 13 unbound porn pictures of minors
Dauray issue
whether “other matter containing any visual depiction” includes individual pictures
Dauray statute
punish possession 3 or more books, videos or other matter
Dauray holding
statute ambiguous after applying canons so apply rule of lenity
Why does plain meaning not help in Dauray
Cong. provided no definition of what “other matter” means and ordinary common sense meaning not helpful
Three reasons for beyond a reasonable doubt
(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
Why is it unfair to have same standard of proof for civil and criminal?
liberty and stigma concerns not present in civil
Beyond a reasonable doubt is required by ___
due process clause of 5 and 14
2 strategies for defense based on the standard
(1) cast reasonable doubt on one element of the crime (2) admit but argue for acquittal based on circumstance
when defense trying to prove affirmative defense the standard is ___
preponderance of the evidence
what is jury nullification
act of returning jury verdict contrary to law because jury not strictly obliged to follow the law
How are jurors allowed to return verdict contrary to law?
(1) cannot be punished (2) verdict can’t be overturned by a judge
What is race based jury nullification
YLS prof arrgues black jurors should engage in race based nullification of black D charged with non violent crimes
Duncan v. Louisiana facts
D allegedly slapped white boy, LA didn’t require jury trials for battery
Duncan v. Louisiana holding
Trial by jury guaranteed by 6A and under 14A due process all states obliged to follow jury trials too in criminal cases
Pros of jury
(1) avoid potential bias favoring repeat players like friendly judges and prosecution (2) allow peers to decide blame
Cons of jury
(1) juries not experts (2) juries can get it wrong and no appeals for “not guilty”
Harlan dissent says juries may ___
afford higher justice by refusing to enforce a harsh law
Problems with jury nullification
(1) no double jeopardy (2) deliberate in secret so judge can’t go back and find where they messed up
