Purposes of Criminal Law Flashcards
How does criminal law differ from torts?
it generally imposes punishment rather than compensation to achieve its objectives
What are the different objectives the criminal justice system may wish to fulfill?
retribution
specific & general deterrence
restraint (incapaciatation)
Rehabilitation
economic efficiency
what is pur sentecing system caracterized by?
we have a deeply flawed system characterized by disparity
what is the role of “social condemnation” in criminal law?
it imposes a unique penalty and provides a kind of deterrence that other punishment cannot achieve
we are blaming an individual for preferring pleasure to pain in a situation where he should be obeying a categorical imperative
What is the justification of “Retribution”?
“an eye for an eye” theory
society is morally justified in taking retribution against individuals who violate societal norms
What is the justification of “Rehabilitation”?
the theory that offenders should be treated and educated instead of punished. The goal is to help offenders understand their actions and prepare them to re-enter society as law-abiding citizens
What is the justification of “specific deterrence”?
the goal is to deter this particular defendant from committing future similar crimes
What is the justification of “general deterrence”?
the goal is to deter others (the public) from committing similar crimes
What is the justification of “restraint”?
when individuals have committed, particularly heinous crimes, there is a desire to “restrain” those individuals and separate them from society for some period of time so that they cannot commit similar crimes in the future
What is the justification of “economic efficiency”?
the theory that punishments should be structured to minimize the overall costs of crime to society by balancing the costs of crime prevention with the costs of enforcing criminal laws
What is the major goal of criminal law?
to forbid and prevent conduct that threatens substantial harm to individual or public interests and that at the same time is both unjustifiable and inexcusable
What are the subsidiary goals of criminal law?
to promote the correction and rehabilitation of offenders, within a scheme that safeguards them against excessive, disproportionate or arbitrary punishment, to give fair warning of the possible dispositions for criminal offenses, and to differentiate among offenders with a view to just individualization of treatment.
What was the importance of the case Dudley & Stephens?
it rejected the “necessity” defense and reinforced the idea that the law must enforce the moral duty to refrain from killing one another
the idea of morality v. custom
Who makes criminal law?
legislatures and criminals
Regina v. Dudley & Stephens
whether killing under the circumstances set forth in the verdict to be or not to be murder
legally you cannot say one life is worth more than another
Model Penal Code, § 7.01(1)(c)
a lesser sentence will depreciate the seriousness of the defendant’s crime.
