Introductory Concepts

Question 1

4 Theories of Punishment [Ewing “Life in Prison for Shoplifting”]

Answer 1

(1) Deterrence: Fear of punishment will prevent breaking of law
-General: “Making an example”
-Specific: “Teaching this person a lesson”
(2) Incapacitation: Removing this person will prevent them from harming others
(3) Retribution: Justice demands retribution, harshness of punishment proportional to severity of the crime
(4) Rehabilitation: Correctional intervention, punishment fits the criminal

Question 2

[Queen v. Dudley, 1884. “Sailors eat young sailor”]

Answer 2

You may not take another life to save your own, no life is worth more than another

Question 3

[California v. Becker “Is having a stillborn meth-baby murder?”]

Answer 3

Statutes are strictly construed to favor DEF