I. Purposes of Criminal Punishment

Question 1

What are the 5 Theories of punishment?

Answer 1

1. Deterrence: General (society) and Specific (individual)
2. Incapacitation: Keep individual in position unable to recommit
3. Rehabilitation: Improve individual’s behavior
4. Retribution: Pay society for cost of social harm

Question 2

What is the rule in Queen v. Dudley and Stephens?

Answer 2

FACTS: Defendants and two other gentlemen, Mr. Brooks and the victim, Richard Parker, were
stranded on a boat. When it appeared that the whole party would likely die of thirst and
starvation, the Defendants decided to sacrifice Mr. Parker and ate him.

ISSUE: Does the defense of necessity permit the killing of one person to save others?

RULE: retributivism (can’t place value on human life, but they weren’t acting “devillish”) and
utilitarianism (not set bad precedent/ deterance) combined here

HOLDING: Necessity is not a defense to murder in this instance

Question 3

What are the objectives of sentencing per The Due Case (People v. Superior Court)

Answer 3

FACTS: Mrs. Du shot a 15-year-old girl because she thought she was stealing orange juice and they got into a physical fight when the girl put the orange juice on the counter and turned around Mrs. Du shot and killed her. The gun used was previously stolen and modified to make it easier to pull the trigger.

ISSUE: What sentence should be imposed on defendant for voluntary manslaughter with a firearm?

RULE: The objectives of sentencing are:
1) to protect society;

2) to punish the defendant;

3) to encourage the defendant to lead a law-abiding life;

4) to deter others;

5) incapacitation;

6) restitution for victim;

7) uniformity in sentencing

HOLDING: Suspended sentence of 6 years, plus probation