Punishment

Question 1

Solem Test

Answer 1

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

Question 2

Harmelin Test

Answer 2

(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

Question 3

Deterrence

Answer 3

The evil of punishment must be greater than the potential advantage of the offense

Question 4

Specific Deterrence

Answer 4

punishment may deter the criminal from committing future crimes

Question 5

General Deterrence

Answer 5

punishment may deter persons other than the criminal from committing similar crimes for fear of incurring the same punishment

Question 6

Retributive Punishment

Answer 6

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.

Question 7

Utilitarian Punishment

Answer 7

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.

Question 8

Rehabilitation

Answer 8

Reform the offender and release back to society

Question 9

Incapacitation

Answer 9

Imprisonment as a means to an end - the imprisoned offender can no longer harm civilians.

Question 10

Argument Against Life w/p for Juveniles (Graham)

Answer 10

Reasoning (1) youth/immaturity of offender; (2) formative environment (family life/home environment); (3) circumstances of crime; (4) possibility of rehabilitation

Question 11

Apprendi (hate crime case)

Answer 11

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.