Glannon Guide: Purposes of Punishment Flashcards
What are the four purposes of punishment?
Retribution, Deterrence, Rehabilitation, and Incapacitation.
Retribution theory holds….
A defendant gets what they deserve “just desserts” or “payback” for having committing the crime. Eye for an Eye. People should get punished regardless of others being deterred.
What is a critique of Retribution?
that it legitimizes vengeance and inflicting pain even when it is shown that punishment will promote the greater good.
Deterrence theory holds. . . .
holds that we must punish criminals to deter other individuals from committing the same crime. Based off the assumption that criminals weigh the pros and cons before committing crimes.
What are the two types of deterrence?
Specific Deterrence and General Deterrence.
Specific Deterrence
punishment inflicted to discourage that individual defendant from repeating his criminal behavior.
General Detterence
punishment inflicted to deter others from committing the defendant’s crime.
Rehabilitation
Calls for the defendant to be punished so he can be trained to be a better citizen and not commit further crimes.
Incapacitation
holds that defendants should be incarcerated or executed to prevent them from further harming society.
Hypo 1: Fraternity Party. James, a 21 year old is arrested for driving under the influence on his way home from a weekend party. James pleads guilty to the offense, but the judge sentences him to the maximum six months in the county jail. At the sentence hearing, the judge addresses James regarding the sentence. “I’m doing this to teach you a lesson, so that for the rest of your life you’ll never get behind the wheel drunk again.” Which theory best applies to the sentencing?
A. Retribution B. general deterrence C. Specific deterrence D. rehabilitation E. Incapacitation.
C. specific deterrence is the correct answer because the judge is trying to teach James a lesson that James will not commit the same offense again in the future.
Hypo 2: Bad Verdict: Glenn was charged with helping with bank robbery. Prosecutors claimed that Glenn knowingly loaned his car to Roger to use in the robbery. At trial, the prosecution called Roger as a witness. Roger had pled guilty and agreed to testify against Glenn in exchange for leniency at his own sentencing. At trial, Glenn tries to argue that Roger frequently borrows cars from friends for all his errands, not just bank robberies, but the trial court insists on instructing the jury that a person who loans his car is conclusively presumed to know the illegal purposes for which the car will be used. Which of the following is the best basis for Glenn’s appeal?
A. no rational jury could believe an accomplice witness who has been given leniency in exchange for his testimony.
B. The police abused their discretion in arresting Glenn.
C. It was improper for the court to instruct the jury to presume Glenn’s criminal intent.
D. There was insufficient evidence for Glenn’s convictions.
C. b/c the prosecutor has the burden of proving the elements beyond a reasonable doubt.
Hypo: Sex Directories. Mr Shaw is accused of selling copies of his little black book that lists the phone numbers of all the prostitutes in town. He is charged with “conspiring to corrupt public morals.” No statute details the meaning of “corrupting public morals.” Prosecutors argue that the jury should decide whether Shaw’s activities violated society’s norm. If Shaw argues that his case should be dismissed because it violates the principle of legality, his motion should be
A. denied because the jury has been given the responsibility to decide society’s morals.
B. denied because all criminal laws are based upon public morals.
C. granted because imprecise statutory language violates principles of legality.
D. granted because the statute does not provide sufficient notice as what behavior constitutes the corruption of public morals.
D. is correct. Under the basic principles of legality, a defendant may not be convicted unless his conduct was defined as criminal at the time ti was committed so that the defendant could have notice that his behavior was illegal.
Keeler v. Superior = same outcome occurred with the death of a baby fetus.
What is the principle of legality?
the principle of legality requires the conduct be specifically prohibited by the criminal laws before it may be punished.
What are the purposes of the principle of legality?
1) notice 2) limits police discretion 3) prevents judges and juries from arbitrarily creating new crimes and 4) ensures the criminal law only operates prospectively.
Keeler
D stomped ex wife’s stomach causing her to deliver a stillborn fetus. D charged with murder and appealed b/c fetus did not constitute a human being.
