Theories of Punishment

Question 1

Utilitarian Theory

Answer 1

Developed by Kant

Question 2

Utilitarian’s Purpose of Law

Answer 2

Aims to increase total happiness of the community be eliminating mischief (mischief decreases happiness)

Question 3

Utilitarian Rationale for punishment

Answer 3

Punishment itself mischief, therefore should only punish when doing so avoids a greater evil.

Question 4

Modern Utilitarianism

Answer 4

Punishment is justified by its likely consequence (ex. deterrence, reform, rehabilitation).

Question 5

Retributivist Theory

Answer 5

Developed by Bentham

Question 6

Retributivist Purpose of law

Answer 6

To punish the morally culpable

Question 7

Retributivist Rationale for punishment

Answer 7

Person’s moral guilt is reason enough to punish, even if the punishment serves no other purpose.

Question 8

Retributivist Mandatory Nature

Answer 8

Society has a duty to punish to preserve justice and righteousness, or else it shared in D’s guilt. Only reason to punish someone is if they are actually guilty of the act

Question 9

Legality Principle (Rule against Retroactive Punishment)

Answer 9

A crime doesn’t exist unless it is written before crime is committed for judicial enforcement purposes.

Question 10

Vagueness Test

Answer 10

A statute is void for vagueness if it fails to provide:
Fair notice
OR
Sufficient guidelines of law enforcement