Theories of Punishment

Question 1

Deterrence

Answer 1

Stop an Individual from doing something

Question 2

General Deterrence

Answer 2

The pressure that the examples of one’s criminal pain and suffering exerts on the potential criminals to forego their contemplated crimes.

Question 3

Specific Deterrence

Answer 3

The pressure that unpleasant memories of incarceration exert on a released convict, which cause him to obey the law.

Question 4

Retribution

Answer 4

Intentional infliction of pain and suffering on a criminal to the extent he deserves it because he has willingly committed a crime. Punishment serves to give defendant what they deserve, restores moral equilibrium to society.

Question 5

Rehabilitation

Answer 5

The acquisition of skills or values which convert a criminal into a law abiding citizen. Meant to repair and give D necessary skills.

Question 6

Incapacitation

Answer 6

Rendering harmless to a society a person otherwise inclined to crime. Need to keep criminal away from law abiding citizen.

Question 7

Case-in-chief defense

Answer 7

One defense strategy is to argue that the prosecution has failed to prove one or more elements of the charged crime beyond a reasonable doubt. Always start with prosecution’s case in chief when writing an exam.

Question 8

Affirmative Defense

Answer 8

Another defense strategy is to admit that the prosecution can satisfy its burden on every element of the underlying crime but argue that D has a good excuse or justification for committing the crime.