Punishment Flashcards
Solem Test
Three factors to consider for proportionality: (1) Gravity of the offense, harshness of the penalty; (2) sentences imposed on other criminals in the same jx; (3) sentences imposed for commission of the same crime in other jx
Harmelin Test
(1) Compare gravity of offense with severity of sentece; (2) compare ∆’s sentence with sentences received by others in the same jx and with sentences imposed for the same crime in other jxs
Deterrence
The evil of punishment must be greater than the potential advantage of the offense
Specific Deterrence
punishment may deter the criminal from committing future crimes
General Deterrence
punishment may deter persons other than the criminal from committing similar crimes for fear of incurring the same punishment
Retributive Punishment
Wrong-doing merits punishment, and punishment is based on the severity of the act. Past-leaning, with focus on an individual’s bad acts and the obligation to punish.
Utilitarian Punishment
Punish to prevent future consequences of not punishing someone. If a punishment can be shown to promote effectively the interest of society, it is justifiable, otherwise, it is not. Future-leaning, looks at consequences to society as a whole.
Rehabilitation
Reform the offender and release back to society
Incapacitation
Imprisonment as a means to an end - the imprisoned offender can no longer harm civilians.
Argument Against Life w/p for Juveniles (Graham)
Reasoning (1) youth/immaturity of offender; (2) formative environment (family life/home environment); (3) circumstances of crime; (4) possibility of rehabilitation
Apprendi (hate crime case)
Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt. Legislatures are required to state the true max penalty for crimes.
