Criminal Law

Question 1

What are the two main theories of punishment?

Answer 1

(1) Retributive Theory
- “Eye for eye, tooth for tooth, hand for hand, foot for foot” - King James
- A wrong has been done and must be punished.

(2) Utilitarian Theory
- Seeks to punish offenders to discourage or “deter” future wrongdoings.

Question 2

What does the Utilitarian sentence achieve?

Answer 2

Deterrence

(a) General Deterrence
(b) Specific Deterrence

Question 3

The idea of deterrence is that individuals will not commit crimes for fear of suffering the same punishment that a current defendant has suffered (______), and that this defendant will avoid future crimes because he or she too fears additional punishment. (_______)

Answer 3

• General deterrence
• Specific deterrence

Question 4

What does the Utilitarian Sentence achieve?

Answer 4

(1) Deterrence
(a) General (community)
(b) Specific (defendant)

(2) Incapacitation / Isolation
(a) Incapacitated from committing further crimes

(3) Rehabilitation

Question 5

Describe the Utilitarian Calculation of Deterrence and Detection?

Answer 5

The sentence length increases as the chances of detection decrease and vice versa

EX: Bank robbery has a high solution rate, as there are many cameras and security protections. Therefore the sentencing should be lower as the chances of detection are high.

Question 6

Hypothetical Situation:

Someone is convicted of a crime and they are on an island.

Describe retribution theory v. utilitarian theory in this situation.

Answer 6

A retribution approach would be to hang the criminal before the community leaves the island.

A utilitarian approach would be to leave the criminal alone on the island as the rest of the community left.

Question 7

It is through _____ that we can distinguish crimes from civil wrongs.

Answer 7

Punishment

Question 8

What is the burden of proof in a civil case v. a criminal case?

Answer 8

Civil : Preponderance of evidence

Criminal : Beyond a reasonable doubt

Question 9

What is a crime?

Answer 9

Viewed as a wrong against society

Question 10

What constitutes a crime?

Answer 10

Community condemnation

refer to tort v. crime on pg. 7

Question 11

What is the difference between a misdemeanor and felony?

Answer 11

Length of sentencing

Misdemeanor = Less than a year in jail

Felony = More than a year in prison

Question 12

What was the theory of punishment used in Queen v. Dudley and Stephens?

Answer 12

Retribution

Question 13

Describe how a utilitarianism approach would have been used in Queen v. Dudley and Stephens.

Answer 13

The utilitarianism approach would have justified the killing of Parker under the said conditions because killing 1 to save 3 is what is best for society.

Question 14

Could the utilitarian approach still be valid if the sailors did not get rescued and had to kill another sailor to live?

Answer 14

May not apply as it seems to equal out - killing 2 to save 2

Question 15

Describe the Facts, Issue, Rule, and Holding in Queen v. Dudley and Stephens

Answer 15

Facts:
- Seamen Thomas Dudley, Edward Stephens, Brook, and an 18 year old boy Richard Parker were cast away in a store on the high seas. They were stranded at sea for 24 days and went 7 days without food and five days without water. Dudley and Stephens suggested to Brooks that they should put the boy to death to save the rest, but Brooks refused to consent. Dudley and Stephen agreed that if there was no vessel in sight by the next day, the boy should be killed. The next day there was no vessel and the boy was killed and the sailors ate his remains to survive.
4 days after the act had been committed the boat was picked up by a passing vessel.

• If the men had not fed upon the body of the boy they would probably not have survived.
• The boy being in a much weaker condition, was likely to have died before them.

Issue:

• Will the defense of necessity justify a homicide committed to save the defendants own lives?

Rule:

Holding:

• Killing parker was not justified by “extreme necessity of hunger” because other than self-defense, necessity is not a defense to murder.

Question 16

Describe the Facts, Issue, Rule, and Holding in State v. Jensen

Answer 16

(Crazy ex wife case)

Facts:

• Jensen killed her ex-husbands girlfriend by injecting her with insulin and left her alone in the presence of her toddler who watched her slowly die.
• After the split up, Ex-wife stalked ex-husband’s girlfriend and called her, offering her information that she had not released to Jensen’s ex-husband.

Ex-husband offered testimony that jensen threatened to kill husband’s ex-wife in the same fashion and bought syringes.

Issue(s):

• Did the Court abuse its discretion by imposing an unreasonable determinate life sentence?

Reasoning:

(1) Nature of the offense
(2) Character of the offender
(3) Protection of public interest

Holding:

• Got out of out the death penalty but Court concluded that this case was so egregious that it demanded an exceptionally severe measure of retribution and deterrence, regardless of Jensen’s potential for rehabilitation.
• Accordingly we hold that the district court did not abuse its discretion in imposing a determinate life sentence in this case.

Question 17

Describe the Facts, Issue, Rule, and Holding in Roper v. Simmons.

Answer 17

Facts:

Issue:

Rule:

Holding:

Question 18

Where tort law can serve ______ needs, criminal law serves _______.

Answer 18

• Individual retributive needs
• Society’s retributive needs

Question 19

True or False:

Tort law (damages and injunctions) does not work against the poor (who have no money to pay) or even at times against the rich, who may see damages as a predictable cost of doing business.

Answer 19

True

Question 20

Explain “Abuse of Discretion” Standard.

Answer 20

One of the highest standards of review

Poses the question of: Did the lower Court abuse its discretion in this judgment?

Question 21

Explain how we assess whether the Trial Court was acting reasonably?

Answer 21

• Reasonableness is an objective standard and so therefore the question is how would a person of ordinary prudence (cautious) act under these circumstances?
• Would a reasonable judge impose a determinative life sentence? If not, then the trial court was not acting reasonably.
• It is an objective standard but a subjective determination.

Question 22

When is a sentence reasonable?

Answer 22

If it accomplishes the goals of the sentence.

(a) Deterrence
(b) Rehabilitation

Question 23

Describe the § 3553

Answer 23

Sentencing Guidelines:

The court, in determining the particular sentence to be imposed, shall consider -

(1) the nature and circumstances of the offense and the history and characteristics of the defendant.
(2) the need for the sentenced imposed-
(a) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense.
(b) to afford adequate deterrence to criminal conduct
(c) to protect the public from further crimes of the defendant
(d) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner.
(3) the kinds of sentences available;
(4) the kinds of sentence and the sentencing range established for -
(a) the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines.

Question 24

Describe what the Eighth Amendment provides.

Answer 24

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

(Proportionality requirement)

Question 25

In order for the Supreme Court to review a case, what needs to occur?

Answer 25

A writ of certiorari

Question 26

In criminal cases, you have ___ right to appeal.

Answer 26

One (1)

Question 27

Describe communicative retribution.

Answer 27

To communicate to society that we are restoring that balance.

Question 28

After a defendant is convicted or enters a plea of guilty, the next step in the process is the preparation of a ___________ usually be an office of the court, such as the Probation Office, that will form the basis for the court’s sentencing decision.

Answer 28

Presentence Report (PSR)

Question 29

Why is the presentence report a crucial document?

Answer 29

Because it includes significant information beyond that available from the trial or the defendant’s admissions at a plea hearing.

Question 30

Describe the Facts, Issue, Rule/Reasoning, and Holding in the United States v. Crawford case.

Answer 30

Facts:

• Crawford was convicted by a jury of two counts of distribution of heroin and distribution of crack cocaine, in violation of 21 U.S.C. & 841(a)(1) and was sentenced to 210 months imprisonment. The sentence was at the bottom of the applicable Guidelines range of 210 - 262 months.

Issue:

Rule/Reasoning:

Holding:

• The judge concluded, in view of all the factors taken into account - your criminal history background, your long use and selling of drugs -….. They all indicate that a reasonable sentence, taking into account not only the advisory guidelines of 3553, is the sentence that was imposed; and that the 210 months. And I’m not going to change anything.

Question 31

Describe why the United States v. Booker case was important in the United States v. Crawford case.

Question 32

What was the holding in United States v. Booker?

Answer 32

Sentencing Guidelines were merely advisory, not mandatory, and that appellate courts should review sentences for “reasonableness”

• In order to be constitutional, the guidelines cannot be mandatory.
• Congress intended them to be mandatory but they must be discretionary.

Question 33

Describe the Eighth Amendment

Answer 33

Excessive bail shall not be required, nor excessive fines/sanctions imposed, nor cruel and unusual punishments inflicted”

(has to be both cruel and unusual)

Question 34

Descrbe the three-factor test to assess whether a punishment is “cruel and unusual” for being disproportionate

Answer 34

(1) The gravity of the offense and the harshness of the penalty;
(2) The sentences imposed on other criminals in the same jurisdiction
(3) The sentences imposed for commission of the same crime in other jurisdictions.

Question 35

What is the essence of the proportionality requirement?

Answer 35

Does the sentence fit the crime?

Question 36

Where does the proportionality requirement come from?

Answer 36

The 8th amendment where it states “cruel and unusual,” that a disproportionate sentence is cruel and unusual.

Question 37

True or False:

Eighth Amendment requires that the sentence be proportionate to the crime, but how that is applied in a particular case is quite hard to gauge.

Answer 37

True

Dissent from Ewing v. California

Question 38

The three-factor test to assess whether a punishment is “cruel and unusual” was assessed in which case?

Answer 38

Solven v. Helm

Question 39

Describe the Facts, Issues, Rule/Reasoning, and Holding in Solven v. Helm case.

Answer 39

Facts:

Issues:

Rule/Reasoning:

Holding:

Question 40

Who states that since excessive bail goes hand in hand with proportionality, so should sentencing be in proportion with the crime.

Answer 40

Justice Bryer in United States v. Crawford.

Answer 41

When you

Question 42

Describe the Facts, Issue, Rule/Reasoning, Holding in Ewing v. California case.

Answer 42

(Wobbler / 3 Strikes Case)

Facts:

Issues:

Rule/Reasoning:

Holding:

Question 43

To have binding precedent how many judges on the Supreme Court need to agree on the reasoning and the result of the case?

Answer 43

5

Question 44

What are the four types of court opinions?

Answer 44

(1) Majority Opinion
(2) Plurality Opinion
(3) Concurring Opinion
(4) Dissenting Opinion

Question 45

Describe Dissenting Opinion

Answer 45

(in appellate courts) an opinion filed by a judge who disagrees with the majority decision of a case.

Question 46

Describe Plurality Opinion

Answer 46

is a judicial opinion that received the most votes of any opinion but not enough to be the majority opinion.

Question 47

Describe Majority Opinion

Answer 47

a judicial opinion that is joined by more than half the judges deciding a case.

Question 48

Describe Concurring Opinion

Answer 48

An opinion of an appellate judge who voted with the majority but for different reasoning.

Question 49

Describe the Roper v. Simmons Case. What was the rule? Were did the Court look for reasoning on how to conclude?

Answer 49

(Psychotic 17-year-old Women Killer)

Death penalty for someone under the age of 18 at the time the act was committed is unconstitutional. (applies to mental retardation as well)

• Rule: An individual who has committed capital murder between the ages of fifteen and eighteen cannot be sentenced to death.
• Looked at what the states were doing and relied heavily on international law.

Question 50

What did the Court decide in Gram v. Florida ?

Answer 50

The Court cannot impose a penalty of life without the possibility of parole in non-homicide cases.

Question 50

What did the Court decide in Gram v. Florida ?

Answer 50

The Court cannot impose a penalty of life without the possibility of parole in non-homicide cases.

Answer 51

United States v. Crawford