Intro

Question 1

What are the requirements of due process?

Answer 1

Proof of Guilt Beyond a Reasonable Doubt, jury trial with unanimous verdict, Fair Warning/Fundamental Fairness

Question 2

Owens v. State

Answer 2

D passed out in truck parked in a private driveway with its lights on and the engine running and empty beer cans. Not guilty. A conviction may be based on circumstantial evidence alone if the circumstances are such that they are inconsistent with any reasonable hypothesis of innocence.

Question 3

Jury Nullification

Answer 3

When the jury believes the defendant has been proven guilty beyond a reasonable doubt, they still can decide not to return a guilty verdict. See Ragland.

Question 4

Fair Warning

Answer 4

Individuals may not be convicted, fined, or otherwise punished by the government unless they have been given notice that their specific conduct is criminal. See void for vagueness, legality, fundamental fairness, rule of lenity, and ex post facto laws

Question 5

a criminal law is void for vagueness if it is…

Answer 5

(1) so unclear that ordinary people could not tell what conduct is prohibited. See In Re Banks
(2) lacking in standards so that the government is invited to enforce arbitrarily. See Desertrain

However, courts prefer ruling in favor of the constitutionality of a statute.

Question 6

Legality Principle

Answer 6

A person may not be convicted or punished unless their conduct was already defined as a criminal act. If it wasn’t unlawful at the time of the act, then you can’t be punished.

Question 7

Fundamental Fairness and Rule of Lenity

Answer 7

Statutes should indicate clearly what is or is not prohibited conduct and what will be punished. If possible, criminal statutes are construed according to their plain meaning. However, if a criminal statute is ambiguous–that is, subject to multiple reasonable interpretations–the rule of lenity requires that the ambiguity be resolved in the defendant’s favor. See Keeler

Question 8

In Re Banks

Answer 8

peeping tom statute void for vagueness

Question 9

Desertrain

Answer 9

A statute regarding homelessness was void for vagueness because of the discretion given to police that led to a lack of uniform enforcement.

Question 10

Mochan

Answer 10

The following statute was void for vagueness: whatever openly outrages the decency and is injurious to public morals is a misdemeanor at common law.

Question 11

Keeler

Answer 11

“human being” in murder statute not taken to include unborn babies based on plain meaning and legislative intent. D was not guilty of murder because of of this.

Question 12

Punishment

Answer 12

Punishment is a pain or other consequence imposed for a breach of legal rules; imposed and administered by an authority constituted by the legal system against which the offense is committed

Question 13

Utilitarianism

Answer 13

Punishment is justified through deterrence, incapacitation, and rehabilitation.

Question 14

Deterrence

Answer 14

General: knowledge of punishment, means people are less likely to break the law.

Specific: punishment persuades a particular individual to not break the law again

Question 15

Incapacitation

Answer 15

punishment keeps potentially dangerous criminals away from the general population to prevent them from engaging in dangerous activities or harming others.

Question 16

Rehabilitation

Answer 16

punishment should be about helping the offender change their ways, includes treatment, medication, employment training, etc.

Question 17

Retributive Theory

Answer 17

Punishing individuals because the transgression deserves punishment (moral correctness). Punishment justified by retribution for the victim.

Question 18

Dudley and Stephens

Answer 18

Under Utilitarianism, they shouldn’t be punished because no benefit for deterrence as the circumstances were extreme; no real danger to society at large, so no benefit from incapacitation. They don’t need rehabilitation really.

Under Retributive theory: They killed someone and they should therefore be punished.

Question 19

Sentencing Factors

Answer 19

(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) To isolate the defendant so that she can’t commit other crimes; (6) To secure restitution for the victim; (7) To seek uniformity in sentencing

From Du (Du intentionally and unjustifiably killed a 15-year-old child. What sentence is appropriate)

Compare MPC 1.02(2)

Question 20

Sentencing Guidelines: Reasonably Related Test

Answer 20

Was the punishment proposed for permissible purposes (rehabilitation, incapacitation, deterrence)?

Were the conditions are reasonably related to the purpose?

See Gementera (mail stealer)

Question 21

Ramos v. Louisiana

Answer 21

the sixth amendment right to the jury trial requires that the jury in a state crim trial reach a unanimous verdict