Foundational Issues

Question 1

Crime

Answer 1

• The person causes a social harm
• The social harm is due to morally blameworthy behavior.
• As a result, apart from other consequences, the defendant is morally condemned by the community

Question 2

Utilitarianism

Answer 2

People are punished if, and only if, it is expected to cause a reduction in crime that would otherwise occur.

Question 3

Utilitarianism

General Deterence

Answer 3

The goal of punishment is to stop other potential crinimals from committing crimes.

Question 4

Utilitarianism

Individual Deterence

Answer 4

The goal of punishment is to deter an offender from committing a crime again.

Also known as specific deterence.

Question 5

Utilitarianism

Incapacitation

Answer 5

The goal of punishment is to imprison the defender so he cannot commit further crimes.

Question 6

Utilitarianism

Rehabilitation

Answer 6

The goal of punishment is to change the offender so he won’t commit crimes when he is released.

Question 7

Retribution

Answer 7

The offender deserves to be punished for his crime.

Question 8

Assaultive Retribution

Answer 8

The theory is that because the offender hurt society, it is right for society to hurt him back.

Also known as public vengeance or societal retribution.

Question 9

Protective Retribution

Answer 9

Punishment is meant to restore the moral balance of society. Society has rules and if a person breaks the rules and is not punished for it, he enjoys the benefits of society without carrying the burden of following the rules.

Question 10

Victim Vindication

Answer 10

Punishment is a way to right a wrong.

Question 11

Denunciation

Answer 11

Punishment is justified as a way to express society’s condemnation and the relative seriousness of a crime.

Question 12

Common Law in Statutes

Answer 12

If a term is not defined in a statute, it’s presumed to retain its common law meaning.

Question 13

Felony

Answer 13

An offense punishable by death or imprisonment in a state prison

Question 14

Misdemeanor

Answer 14

An offense for which the maximum punishment is a fine, local jail time, or both

Question 15

Reception Statutes

Answer 15

Common law crimes that are not in the penal code but can still be punished.

Question 16

Punishment

Answer 16

Punishment is suffered only when an agent of the government is granted authority by the criminal conviction to inflict pain or otherwise cause consequences ordinarily considered unpleasent.

Question 17

People v. Suite

Answer 17

Suitte had an unregistered gun but was a good guy. NY had a minimal one-year jail requirement meant to produce general deterrence. Judge used his discretion and sentenced Suitte to 30 days in jail.

Rule – Appellate courts defer to trial courts unless there’s an abuse of discretion

Just and Proper Sentences Consider

• The purpose of punishment
• The crime and
• The nature of the defendant.

Question 18

Principle of Legality

Answer 18

A person may not be punished unless her conduct was defined as criminal before she acted

Question 19

Policies Behind Legality

Answer 19

• Criminal statutes should be understandable to the average person
• Criminal statutes shouldn’t leave policy matters to policemen, judges and juries to decide on an ad hoc, subjective basis
• Judicial interpretation of ambiguous statutes should be construded in favor of the accused

Question 20

Constitutional Law

Article I, Section 9

Answer 20

Prohibits bills of attainder, special legislation that declares a person guilty of a crime and subject to punishment without a trial.

Question 21

Constitutiional Law

Article 1, Section 10

Answer 21

Prohibits people from being prosecuted for current crimes that were not crimes when the people did them.

This rule is for the legislature, not the judiciary. A court may interpret common law doctrines with retroactive effect unless the interpretation is unexpected or indefensible.

Question 22

Constitutional Law

Amendments V & IX

Answer 22

• Provide for equal protection and due process under the law.
• Prohibits arbitrary criminalization
• Prohibits vague laws
• Prohibits laws that deny substantive due process
• Prohibits discriminatory criminalization

Question 23

Constitutional Law

Amendment VIII

Answer 23

Prohibits cruel and unusual punishment.

• Punishments offensive to human dignity
• Excessive punishments
  
  • Punishments that have no relationship to the purpose of punishment
  • Punishments that are grossly disproportionate to crime.

Question 24

Rule of Lenity

Answer 24

When a criminal statute is subject to conflicting reasonable interpretations, the statute should be interpreted in favor of the defendant.

This is the very last tool of judicial interpretation. Not recognized by the MPC.

Question 25

Graham v. Florida

Answer 25

**Facts:** The juvenile defendant commited nonhomicide crimes and was sentanced to life without parole. **Rule:** It violated the Eighth Amendment to sentence a juvenile defendant to life without parole for nonhomicide crimes, but states may keep the offender in prison if he is irredeemable. **Outcome:** Remanded for a finding based on the opinion

Question 26

Principle of Specificity

Answer 26

Criminal statutes must not be so vague or overbroad as to fail to provide fair notice of what is prohibited. The notice is required not only so people know how to conform to the law, but also to prevent vesting too much discretion in law enforcement.

Question 27

Constitutional Law Amendment I

Answer 27

Prohibits criminalization that improperly impinges on the right of free speech.

Question 28

Constutional Law Amendment VIII

Answer 28

Prohibits criminalization of status.

Question 29

People v. Marquan M.

Answer 29

Constitutional laws are not absolute, but a law that infringes on a fundamental right (or affects a suspect classification) must survive strict scutiny, meaning it must be needed to achieve a compelling state interest. And it must be narrowly tailored to achieve that interest.

Question 30

Evolving Standard of Decency Analysis Eighth Amendment Analysis

Answer 30

1. Look at the historical practice 2. Look at the current societal consensus * Legislature * Juries * Public opinion 3. Court's independant judgment

Question 31

Eighth Amendment Prohibition of the Death Penality

Answer 31

* Nonhomicide offenses (rape) * Many felony murders * People with intellectional disabilities * Juveniles

Question 32

Proportionality of Non-Capital Sentences Solem v. Helm (1983) Three Factor Test

Answer 32

1. The gravity of the offense and the harshness of the punishment 2. Sentences imposed for the same and similar crimes in the jurisdiction 3. Sentences imposed for commission of the same offense in other jurisdictions

Question 33

Proportionality of Non-Capital Sentances Harmelin v. Michigan (1991) Guiding Priciples for Solem Test

Answer 33

1. Primacy of the legislature in deciding prison terms 2. Variety of legitimate penological schemes 3. Nature of the federal system is that each state will have its own penological theories 4. Objective factors guide proportionality review 5. The Eighth Amendment only prohibits grossly disproportionate sentences.

Question 34

Strict Scrutiny

Answer 34

This applies when laws seem to discriminate against suspect classes, like race, national origin, religion and ethnicity. In order to pass strict scrutiny, the law must serve a compelling state interest and be narrowly tailored to achieve that interest.

Question 35

Intermediate Scrutiny

Answer 35

Intermediate scrutiny is used for gender discrimination and similar issues. To pass intermediate sctrutiny, the law must further an important governmenal interest and do so by means that are substantially related to that interest

Question 36

Rational Basis Review

Answer 36

This is used to determine if a law is constitutional. To pass rational basis review, the law must have a legitimate state interest and there must be a rational connection between the laws means and goals.