Other Material Flashcards
Utilitarian
Threat or imposition of punishment can reduce crime
- general deterrence
- individual deterrence
- incapacitation
- rehabilitation
Retributive - “just deserts”
Defendant should suffer in proportion to their crime
- backward looking
Mixed/Expressed - “utility of desert”
Determining whether a defendant deserves punishment or not
- people obey the law if they think it is morally just
Types of Law
a. Model Penal Code
b. Common Law
c. Statutory Law
a. Model Penal Code
- created by scholars, legal professors, and criminal attorneys
- written proposed criminal code
– NOT actual law = NOT binding
b. Common Law
- case law created by judicial decisions
– unwritten law = NOT binding
c. Statutory Law
- acts of Congress created by legislation
– written law that can be a combination of CL and MPC = binding
Jury Nullification
Notwithstanding evidence, the jury can acquit a defendant despite the law if they:
1. do not like the law
2. do not want to apply the law
3. believe the law is outdated
* juries are rarely informed about this and/or use it - controversial
(RAGLAND)
Sentencing Objections
- protect society
- punish defendant
- encourage defendant to lead a law abiding life
- deter others
- incapacitation
- restitution for vicim
- uniformity in sentencing
(DU)
5th Amendment
The Federal government will not violate my rights in a criminal proceeding
14th Amendment
My state government will not violate my rights in a criminal proceeding
Eighth Amendment
Excessive bail shall not be required, nor excessive fines impose, nor cruel and unusual punishment inflicted
a. capital cases
VS.
b. non capital cases
a. capital cases
Death penalty is disproportionate when it is “excessive” relative to the crime committed
- court will look at the objective consensus among states and its own judgment
(COKER)
b. non capital cases
A punishment is in violation when it is “grossly disproportionate” to the crime
- court will federal to legislative intent (EWING)
Presumption of Constitutionality
If a statute can be interpreted in 2 different reasonable ways but one is constitutional and one is not, always use the constitutional one
Strict Construction
If there is a plain meaning go with that (MUSCARELLO)
Legislative Intent
If you cannot fully understand what the statute means, look to legislative intent (IN RE BANKS)
Rule Against Surplusage
Assume each word has independent meaning
Rule of Lenity
If a statute has two equally reasonable interpretations but one is more favorable to the defendant, go with that one
Vagueness
The statute is not detailed enough
- cannot deter people if they do not know what is illegal and what is legal
(DESERTRAIN)
Overbreadth
The statute includes too many things
- courts do not want to criminalize innocent behavior
Ex Post Facto Laws
Laws that make an action illegal or increase a punishment “after the fact”
- this is NEVER allowed
(KEELER)
Mistake of Law in CL/MPC
Generally, mistake of law is NO excuse
Exceptions . . .
1. entrapment by estoppel
- law/legal statement says you can do it (MARRERO)
2. negates the mens red
- specific intent to violate the law is an actual element [“unlawfully or without authority”]
- objective standard (CHEEK)
3. violates Due Process
- crime of omission - circumstantially unreasonable to know a particular law
- objective standard (LAMBERT)
Mistake of Fact CL
Specific Intent: honest but unreasonable
General Intent: honest and reasonable
Mistake of Fact MPC
MUST refute the necessary mens rea element required for a crime
- honest but unreasonable for recklessly and above
Mistake of Fact CL/MPC
- honest but unreasonable ONLY for specific intent crimes (NAVARRO)
- for criminal negligence ONLY honest and reasonable
- NEVER applies to strict liability offenses
