Other Material

Question 1

Utilitarian

Answer 1

Threat or imposition of punishment can reduce crime
- general deterrence
- individual deterrence
- incapacitation
- rehabilitation

Question 2

Retributive - “just deserts”

Answer 2

Defendant should suffer in proportion to their crime
- backward looking

Question 3

Mixed/Expressed - “utility of desert”

Answer 3

Determining whether a defendant deserves punishment or not
- people obey the law if they think it is morally just

Question 4

Types of Law

Answer 4

a. Model Penal Code
b. Common Law
c. Statutory Law

Question 5

a. Model Penal Code

Answer 5

• created by scholars, legal professors, and criminal attorneys
• written proposed criminal code
  – NOT actual law = NOT binding

Question 6

b. Common Law

Answer 6

• case law created by judicial decisions
  – unwritten law = NOT binding

Question 7

c. Statutory Law

Answer 7

• acts of Congress created by legislation
  – written law that can be a combination of CL and MPC = binding

Question 8

Jury Nullification

Answer 8

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 believe the law is outdated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)

Question 9

Sentencing Objections

Answer 9

1. protect society
2. punish defendant
3. encourage defendant to lead a law abiding life
4. deter others
5. incapacitation
6. restitution for vicim
7. uniformity in sentencing
   (DU)

Question 10

5th Amendment

Answer 10

The Federal government will not violate my rights in a criminal proceeding

Question 11

14th Amendment

Answer 11

My state government will not violate my rights in a criminal proceeding

Question 12

Eighth Amendment

Answer 12

Excessive bail shall not be required, nor excessive fines impose, nor cruel and unusual punishment inflicted
a. capital cases
VS.
b. non capital cases

Question 13

a. capital cases

Answer 13

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)

Question 14

b. non capital cases

Answer 14

A punishment is in violation when it is “grossly disproportionate” to the crime
- court will federal to legislative intent (EWING)

Question 15

Presumption of Constitutionality

Answer 15

If a statute can be interpreted in 2 different reasonable ways but one is constitutional and one is not, always use the constitutional one

Question 16

Strict Construction

Answer 16

If there is a plain meaning go with that (MUSCARELLO)

Question 17

Legislative Intent

Answer 17

If you cannot fully understand what the statute means, look to legislative intent (IN RE BANKS)

Question 18

Rule Against Surplusage

Answer 18

Assume each word has independent meaning

Question 19

Rule of Lenity

Answer 19

If a statute has two equally reasonable interpretations but one is more favorable to the defendant, go with that one

Question 20

Vagueness

Answer 20

The statute is not detailed enough
- cannot deter people if they do not know what is illegal and what is legal
(DESERTRAIN)

Question 21

Overbreadth

Answer 21

The statute includes too many things
- courts do not want to criminalize innocent behavior

Question 22

Ex Post Facto Laws

Answer 22

Laws that make an action illegal or increase a punishment “after the fact”
- this is NEVER allowed
(KEELER)

Question 23

Mistake of Law in CL/MPC

Answer 23

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)

Question 24

Mistake of Fact CL

Answer 24

Specific Intent: honest but unreasonable

General Intent: honest and reasonable

Question 25

Mistake of Fact MPC

Answer 25

MUST refute the necessary mens rea element required for a crime
- honest but unreasonable for recklessly and above

Question 26

Mistake of Fact CL/MPC

Answer 26

• honest but unreasonable ONLY for specific intent crimes (NAVARRO)
• for criminal negligence ONLY honest and reasonable
• NEVER applies to strict liability offenses