Crime & Punishment

Question 1

Utilitarianism - Theories of Punishment

Answer 1

1. Utilitarianism (forward-looking):
   a) general deterrence: D punished to convince gen. community (potential criminals) not to commit crime
   b) specific deterrence: D punished so he won’t commit future crimes
   imprisonment prevents D from committing more crimes and reforms wrongdoer

Question 2

Retributivism - Theories of Punishment

Answer 2

Retributivism (backward-looking): People who voluntarily commit crimes deserve punishment. Punishment takes something from D and makes society whole again. Ex) Dudley v. Stephens - guilty of murder bc boy did not consent to being killed

Question 3

Proportionality of Punishment - How Do We Punish?

Answer 3

Punishment must be proportionate to the crime; cannot be cruel or unusual (8th amendment). Ex) Coker v. GA -escaped murder rapist. Death penalty is disproportional from the crime of rape

Question 4

Legality of Punishment - How Do We Punish?

Answer 4

No crime without the law, no punishment without the law.

1. Crim stat. should be understandable to reasonable law abiding persons (LEX CERTA)
2. Stat. should be crafted so they do not delegate basic policy matters to police, judge, jury for resolution on ad hoc/subjective basis (Desertrain/homeless CA)
3. Lenity doctrine: judicial interpretation of ambiguous statutes should be biased in favor of the accused.

conduct must be previously defined otherwise a violation of due process.
EX POST FACTO - cannot apply stat backwards

ex) Keeler: fetus killer; courts cannot create or enlarge on a stat. Stat says killing of a human, not fetus.

Question 5

what is Statutory Clarity?

Answer 5

Courts must give stat its plain and definite meaning, if unclear -> legislative intent

ex) Chicago v. Morales - loitering ordinance to prevent gang activity = too vague and unconstitutional for lack of clarity

Question 6

Statutory Interpretation - Looks at:

Answer 6

1. legislative intent

then: dictionary meaning, interpretation following precedent, word harmonizing with the statute, etc.