Character Of Criminal Law

Question 1

Theories of Punishment

What are the two overarching theories of punishment?

Answer 1

1. Retributivism
2. Consequentialism

Question 2

Theories of Punishment

What are the 2 theories of Consequentialism?

Answer 2

1. Deterrence
2. Rehabilitation

Question 3

Theories of Punishment

Define the theory of Retributivism

Answer 3

Criminal punishment is justified b/c the person who is punished deserves to be punished for wrongdoing.

Question 4

Theories of Punishment

Define theory of Deterrence

Answer 4

Punishment justified by virtue of ability to deter people from committing criminal offenses

Question 5

Theories of Punishment

Define Deterrence economic theory

Answer 5

Crime is socially destructive and socially destructive behavior is best reduced by raising the price those who engage in such behavior

Question 6

Theories of Punishment

Define General Deterrence theory

Answer 6

Punishment is justified by virtue of ability to deter other people (people in the community, generally) from committing criminal offenses.

Question 7

Theories of Punishment

Define Specific Deterrence theory

Answer 7

Criminal punishment of a particular D is justified by virtue of ability to deter that particular defendant from re-offending.

Question 8

Theories of Punishment

Define the Deterrence theory of Rehabilitation

Answer 8

Punishment to treat not punish offenders, so they are less likely to reoffend after they are released

Question 9

Principles of Statutory Interpretation

What are the basic steps to interpret criminal statute?

Answer 9

Apply rules developed by judges
1. Look to ordinary meaning
2. Unclear? Look to legislative history
3. Examine broad statutory framework

Question 10

Key Takeaway from Regina v. Dudley

Answer 10

• Court focused on the letter of law and convicted
  
  • No greater necessity to kill Parker than anyone else
• Queen granted mercy - discretion pervades in criminal law

Question 11

Key Takeaway from People v. Kellogg

Answer 11

Conduct, not status, may be criminalized
* Culpability low + sanctions imposed low = no 8th amendment violation

Question 12

What are the two broad classifications of crimes?

Answer 12

1. Mala in se
2. Mala prohibita

Question 13

Define Mala in se

Answer 13

Know that it is bad and it lines up with societal rules about what is bad

Question 14

Define Mala Prohibita

Answer 14

As a society we choose to prohibit this behavior, because we say it is bad

Question 15

What is the standard to prove that someone is guilty of a criminal offense

Answer 15

“Beyond a reasonable doubt” (it remains undefined by the Supreme Court as to what is enough)

Question 16

When is it disproportionate to apply the death penalty?

Answer 16

1. Rape
2. D did not kill or exhibit extreme recklessness in felony murder
3. D is intellectually disabled
4. D is a minor

Question 17

How does the court apply proportionality in non-capital cases?

Answer 17

Only extreme sentences that are grossly disproportionate to the crime are forbidden

Question 18

What is the “void for vagueness” doctrine?

Answer 18

1. Crimes must be precisely defined so people know how to avoid criminal punishment
2. Crimes should be defined to prevent arbitrary and discriminatory enforcement

Question 19

What outcome if a law is found to be “void for vagueness?”

Answer 19

D is excused from criminal liability if the crime is so vague that people of common intelligence must guess at its meaning

Question 20

Void for Vagueness

Under what circumstances is a law invalidated?

Answer 20

1. Crime fails to provide notice that enables ordinary people to understand what conduct is prohibited
2. Crime authorizes and encourages abitrary and discriminatory enforcement

Question 21

Void for Vagueness

Takeaway from Nash

Answer 21

1. Nash could not be surprised that rigging the market would be deemed a “conspiracy in restraint of trade”
2. Punishment does not depend on if you do not intend or foresee the consequences

Question 22

Void for Vagueness

Takeaway from Gray v. Kohl

Answer 22

Statute is unconstitutionally vague if it
1. Fails to provide notice as to what conduct is prohibited
2. Authorizes or encourages arbitrary and disriminate enforcement