Procedure and Theories of Punishment

Question 1

What are the theories of punishment?

Answer 1

Incapacitation (Utilitarian)
Deterrence (Utilitarian)
Rehabilitation (Utilitarian)
Retribution

Question 2

What are the elements of a crime?

Answer 2

Actus Reus

Mens Rea

Question 3

Woodward v.

Answer 3

• Au Pair shaken baby case, Prosecution says death was from shaking and hitting a hard surface, so wants jury instruction for homicide
• Defense objects to instruction hoping for acquittal, but jury comes back with a guilty verdict so the gamble backfired
• Appeal imposes time served and jury instruction “clearly erroneous”

Question 4

What are the goals of Utilitarianism?

Answer 4

• Increase the greater good
• Happiness and pleasure
• Focus on outcome and efficiency

Question 5

Kansas v. Hendricks

Answer 5

• While man is in prison for child molestation, statute for civil commitment passes, which would require time in a mental institution after prison
• Argues this violates Due Process Clause (second bite at apple) and Ex Post Facto (punishment for act before illegal)
• Court holds because this is a civil and doesn’t fit utilitarian practices of punishment, the statute is fine

Question 6

Grahm v. Florida

Answer 6

• Juvenile violated parole and charged for present and past non-homicide robbery crimes, sentenced to life without parole
• SCOTUS holds juvenile non-homicide LWOP violates 8th amendment
• Roper- no death penalty for juveniles
• Atkins- no death penalty for diminished mental capacity

Question 7

Kennedy v. Louisiana

Answer 7

• Man charged with aggravated rape of 8yo step-daughter, sentenced to death penalty
• Death penalty for non-homicide violates 8th amendment
• Framework of no life taken, no death sentence

Question 8

Ewing v. California

Answer 8

• 25-life sentence under 3 strikes law
• 3 factors for disproportionality under the 8th amendment
• Court holds that 3 strikes law for non-homicide crimes is constitutional

Question 9

Miller v. Alabama

Answer 9

• Two 14yo’s convicted of murder, sentenced to LWOP

- Court holds this violates the 8th amendment

Question 10

What are the components of mandatory minimum sentencing?

Answer 10

• Criminal history

- Gravity of offense

Question 11

What are modern sentencing guidelines?

Answer 11

• Either determinate(fixed) or indeterminate -> both can be discretionary(Judge decision) or non-discretionary(Statute)
• Discretionary can be guided(statute range) or unguided(Judge decision)
• Guided can be presumptive(specific binding) or voluntary(strongly encouraged)

Question 12

Apprendi v. New Jersey

Answer 12

• Man fired .22cal into neighbors house
• Judge added time for hate crime
• Court held that such additions are subject to beyond a reasonable doubt and for the jury

Question 13

What is the difference between beyond a reasonable doubt and preponderance of the evidence?

Answer 13

• Beyond a reasonable doubt is 90% sure

- Preponderance of the evidence is 50.000001% sure

Question 14

What is the basic timeline for a criminal case?

Answer 14

• Investigation
• Arrest
• Information/Indictment
• Arraignment
• Pre-Trial Motions
• Trial
• Sentencing
• Appeal

Question 15

What is proportionality?

Answer 15

-Term of years and categorical rules that are intended to ensure the crime matches the punishment

Question 16

What is term of years related to proportionality?

Answer 16

-Term of years is balancing gravity of offense and severity of sentence, then comparing state practices if necessary

Question 17

What are the categorical rules related to proportionality?

Answer 17

-8th amendment rules about death penalty for homicides against an individual only*, no DP for juvenile offenders or intellectually disabled, no life w/o parole for juvenile offenders – homicide or no homicide