Crim Overview Flashcards
Theories of Punishment - Retributivism
Retribution: Eye for an eye
Theories of Punishment - Utilitarianism
- General Deterrence
- Specific Deterrence
- Incapacitation
- Rehabilitation
General Deterrence
to deter others from committing the same or similar offenses
Specific Deterrence
deter the individual from committing an offense again, more directed towards individual people
Incapacitation
incarceration to keep defense away from others
Rehabilitation
Reforming through vocational training, counseling, drug rehab, etc
Rule of Lenity
If the statute is ambiguous (one interpretation favoring the government and one interpretation favoring the defendant) the court must choose the interpretation that favors the defendant
Void for Vagueness Doctrine
requires laws to be clear and understandable to avoid arbitrary enforcement and protect due process rights