Criminal Law Flashcards
(52 cards)
What are the two main theories of punishment?
(1) Retributive Theory
- “Eye for eye, tooth for tooth, hand for hand, foot for foot” - King James
- A wrong has been done and must be punished.
(2) Utilitarian Theory
- Seeks to punish offenders to discourage or “deter” future wrongdoings.
What does the Utilitarian sentence achieve?
Deterrence
(a) General Deterrence
(b) Specific Deterrence
The idea of deterrence is that individuals will not commit crimes for fear of suffering the same punishment that a current defendant has suffered (______), and that this defendant will avoid future crimes because he or she too fears additional punishment. (_______)
- General deterrence
- Specific deterrence
What does the Utilitarian Sentence achieve?
(1) Deterrence
(a) General (community)
(b) Specific (defendant)
(2) Incapacitation / Isolation
(a) Incapacitated from committing further crimes
(3) Rehabilitation
Describe the Utilitarian Calculation of Deterrence and Detection?
The sentence length increases as the chances of detection decrease and vice versa
EX: Bank robbery has a high solution rate, as there are many cameras and security protections. Therefore the sentencing should be lower as the chances of detection are high.
Hypothetical Situation:
Someone is convicted of a crime and they are on an island.
Describe retribution theory v. utilitarian theory in this situation.
A retribution approach would be to hang the criminal before the community leaves the island.
A utilitarian approach would be to leave the criminal alone on the island as the rest of the community left.
It is through _____ that we can distinguish crimes from civil wrongs.
Punishment
What is the burden of proof in a civil case v. a criminal case?
Civil : Preponderance of evidence
Criminal : Beyond a reasonable doubt
What is a crime?
Viewed as a wrong against society
What constitutes a crime?
Community condemnation
refer to tort v. crime on pg. 7
What is the difference between a misdemeanor and felony?
Length of sentencing
Misdemeanor = Less than a year in jail
Felony = More than a year in prison
What was the theory of punishment used in Queen v. Dudley and Stephens?
Retribution
Describe how a utilitarianism approach would have been used in Queen v. Dudley and Stephens.
The utilitarianism approach would have justified the killing of Parker under the said conditions because killing 1 to save 3 is what is best for society.
Could the utilitarian approach still be valid if the sailors did not get rescued and had to kill another sailor to live?
May not apply as it seems to equal out - killing 2 to save 2
Describe the Facts, Issue, Rule, and Holding in Queen v. Dudley and Stephens
Facts:
- Seamen Thomas Dudley, Edward Stephens, Brook, and an 18 year old boy Richard Parker were cast away in a store on the high seas. They were stranded at sea for 24 days and went 7 days without food and five days without water. Dudley and Stephens suggested to Brooks that they should put the boy to death to save the rest, but Brooks refused to consent. Dudley and Stephen agreed that if there was no vessel in sight by the next day, the boy should be killed. The next day there was no vessel and the boy was killed and the sailors ate his remains to survive.
4 days after the act had been committed the boat was picked up by a passing vessel.
- If the men had not fed upon the body of the boy they would probably not have survived.
- The boy being in a much weaker condition, was likely to have died before them.
Issue:
- Will the defense of necessity justify a homicide committed to save the defendants own lives?
Rule:
Holding:
- Killing parker was not justified by “extreme necessity of hunger” because other than self-defense, necessity is not a defense to murder.
Describe the Facts, Issue, Rule, and Holding in State v. Jensen
(Crazy ex wife case)
Facts:
- Jensen killed her ex-husbands girlfriend by injecting her with insulin and left her alone in the presence of her toddler who watched her slowly die.
- After the split up, Ex-wife stalked ex-husband’s girlfriend and called her, offering her information that she had not released to Jensen’s ex-husband.
Ex-husband offered testimony that jensen threatened to kill husband’s ex-wife in the same fashion and bought syringes.
Issue(s):
- Did the Court abuse its discretion by imposing an unreasonable determinate life sentence?
Reasoning:
(1) Nature of the offense
(2) Character of the offender
(3) Protection of public interest
Holding:
- Got out of out the death penalty but Court concluded that this case was so egregious that it demanded an exceptionally severe measure of retribution and deterrence, regardless of Jensen’s potential for rehabilitation.
- Accordingly we hold that the district court did not abuse its discretion in imposing a determinate life sentence in this case.
Describe the Facts, Issue, Rule, and Holding in Roper v. Simmons.
Facts:
Issue:
Rule:
Holding:
Where tort law can serve ______ needs, criminal law serves _______.
- Individual retributive needs
- Society’s retributive needs
True or False:
Tort law (damages and injunctions) does not work against the poor (who have no money to pay) or even at times against the rich, who may see damages as a predictable cost of doing business.
True
Explain “Abuse of Discretion” Standard.
One of the highest standards of review
Poses the question of: Did the lower Court abuse its discretion in this judgment?
Explain how we assess whether the Trial Court was acting reasonably?
- Reasonableness is an objective standard and so therefore the question is how would a person of ordinary prudence (cautious) act under these circumstances?
- Would a reasonable judge impose a determinative life sentence? If not, then the trial court was not acting reasonably.
- It is an objective standard but a subjective determination.
When is a sentence reasonable?
If it accomplishes the goals of the sentence.
(a) Deterrence
(b) Rehabilitation
Describe the § 3553
Sentencing Guidelines:
The court, in determining the particular sentence to be imposed, shall consider -
(1) the nature and circumstances of the offense and the history and characteristics of the defendant.
(2) the need for the sentenced imposed-
(a) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense.
(b) to afford adequate deterrence to criminal conduct
(c) to protect the public from further crimes of the defendant
(d) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner.
(3) the kinds of sentences available;
(4) the kinds of sentence and the sentencing range established for -
(a) the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines.
Describe what the Eighth Amendment provides.
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
(Proportionality requirement)
