Criminal Law

Question 1

Criminal Law differing from Civil Law

Answer 1

Crime requires intent (guilty mind) except for cases of criminal negligence

Criminal cases are brought by the government, so they don’t require a living victim

Crime harms society as a whole in addition to private citizens, allowing for the possibility of “victimless crimes.”

Criminal law requires a higher standard of proof:
Beyond a Reasonable Doubt (Criminal cases)> Clear and Convincing Evidence (Punitive Damages) > Preponderance of the Evidence (Civil Cases)
- This is because the costs of errors are likely much higher in criminal cases.

Punishment can be punitive and destructive (instead of compensatory): This is “ex-post inefficient”

Purpose of criminal law is to prevent all crimes, not just the inefficient ones

Question 2

Cooter and Ulen guide to determining punishment:

Answer 2

Acts should be punished when our aim is deterrence and priced when our aim is internalization.

Aim should be deterrence when (1) perfect compensation is impossible, (2) people want law to protect rights instead of interests, or (3) enforcement errors undermine liability. (judgment proof)

Question 3

Deterrence

Answer 3

Marginal social cost of increased enforcement may be positive (by increasing the number of criminals punished) or negative (by reducing crimes committed and number of criminals punished)

Question 4

Optimal punishment equation

Answer 4

(expected punishment) = (harm to victim) - (marginal cost of deterence)

Question 5

Two effects of harsher punishments

Answer 5

Deterrence (less crime because it is more costly to commit)

Incapacitation (less crime because criminals are already locked up)

Empirically, increase probability of being caught has a greater deterrence effect than increased severity of punishment