Intro Flashcards
What are the requirements of due process?
Proof of Guilt Beyond a Reasonable Doubt, jury trial with unanimous verdict, Fair Warning/Fundamental Fairness
Owens v. State
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.
Jury Nullification
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.
Fair Warning
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
a criminal law is void for vagueness if it is…
(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.
Legality Principle
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.
Fundamental Fairness and Rule of Lenity
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
In Re Banks
peeping tom statute void for vagueness
Desertrain
A statute regarding homelessness was void for vagueness because of the discretion given to police that led to a lack of uniform enforcement.
Mochan
The following statute was void for vagueness: whatever openly outrages the decency and is injurious to public morals is a misdemeanor at common law.
Keeler
“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.
Punishment
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
Utilitarianism
Punishment is justified through deterrence, incapacitation, and rehabilitation.
Deterrence
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
Incapacitation
punishment keeps potentially dangerous criminals away from the general population to prevent them from engaging in dangerous activities or harming others.
Rehabilitation
punishment should be about helping the offender change their ways, includes treatment, medication, employment training, etc.
Retributive Theory
Punishing individuals because the transgression deserves punishment (moral correctness). Punishment justified by retribution for the victim.
Dudley and Stephens
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.
Sentencing Factors
(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)
Sentencing Guidelines: Reasonably Related Test
Was the punishment proposed for permissible purposes (rehabilitation, incapacitation, deterrence)?
Were the conditions are reasonably related to the purpose?
See Gementera (mail stealer)
Ramos v. Louisiana
the sixth amendment right to the jury trial requires that the jury in a state crim trial reach a unanimous verdict
