Principals

Question 1

Justifications for punishment

Answer 1

Utilitarian, retributivism, denunciation

Question 2

Types of punishment

Answer 2

Deterrence, rehabilitation, incapacitation, retribution.

Question 3

Utilitarian approaches to punishment

Answer 3

general deterrence, specific deterrence, incapacitation, rehabilitation.

Question 4

Retributive approaches to punishment

Answer 4

assaultive retribution, protective retribution

Question 5

Consequentialist (utilitarian)

Answer 5

Actions are morally right if they result in desirable consequences.

Question 6

Non-consequentialist (retributivist)

Answer 6

Actions are morally right or wrong in themselves, regardless of consequences.

Question 7

Presumption of Innocence

Answer 7

Defendant is assumed to be innocent until they have been proven guilty.

Question 8

Burden of proof

Answer 8

Prosecutions responsibility to prove that the defendant is guilty rather than the defendant being responsible to prove his innocence.

Question 9

Standard of Proof

Answer 9

The level of certainty the fact finder must reach before ruling for the party with the burden of proof. In American criminal trial, the prosecutions standard of proof if “beyond a reasonable doubt”

Question 10

The Winship Doctrine

Answer 10

The prosecution must persuade the fact finder “beyond a reasonable doubt” of “every fact necessary to constitute the crime charged.”

Question 11

Reasons why “reasonable doubt” carries a heavy burden to prove?

Answer 11

i. reducing risk for factual error.
ii. high interests are at stake.
iii. 5th amendment (due process)

Question 12

Prima facie defense

Answer 12

Create a reasonable doubt about some element of the crime.

Question 13

Affirmative defense

Answer 13

Admitting guilt for the crime but claiming acquittal due to acting in a justified manner/excused.

Question 14

6th Amendment

Answer 14

Right to a speedy and public trial by an impartial jury - to be informed of the nature and cause of the accusation - be confronted with the witnesses against him/obtain witnesses in favor - to have the assistance of counsel for his defense.

Unless the defendant waives his right to a jury trial and elects to be tried by judge, his guilt or innocence will be determined by a jury of 12 individuals.

Question 15

Jury nullification

Answer 15

The jury can nullify the law if they feel there are justifications for doing so. If the jury acquits the defendant even in the face of overwhelming evidence of guilt, the judge is NOT permitted to punish the jury. This is a power but not a right.

Question 16

Purpose of jury nullification

Answer 16

i. Send a message about a social issue larger than the case.
ii. The result dictated by law is contrary to the jury’s sense of justice, morality, fairness.
iii. Could prevent oppression by the government when the laws themselves are oppressive since it takes a long time to change laws etc.

Question 17

Selective jury nullification

Answer 17

Could be a solution to the racial unfairness/discrimination in the justice system.

Question 18

Vagueness Doctrine

Answer 18

A statute is void for vagueness when an average citizen cannot determine what PERSONS are regulated, what CONDUCT is prohibited, or what PUNISHMENT may be imposed.

Question 19

Purpose behind void for vagueness

Answer 19

i. fair notice for what is punishable and not.

ii. prevent arbitrary enforcement of laws/arbitrary prosecutions.

Question 20

Constitutional roots of the void for vagueness doctrine

Answer 20

5th amendment

14th amendment

Question 21

8th Amendment

Answer 21

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

Does not require strict proportionality between crime and sentence - rather it forbids only extreme sentences that are grossly disproportionate to the crime.

Question 22

14th Amendment

Answer 22

Equal protection clause

All persons born and naturalized in the U.S. - no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the U.S. - nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

Question 23

Purpose of 14th Amendment

Answer 23

Prohibit government from treating people different based on their race unless such treatment serve a “compelling state interest” and is “narrowly tailored” to serve that interest (strict scrutiny).

Question 24

Rule of Lenity

Answer 24

Statutory construction, statutory ambiguities regarding the definition of, or punishment for, a particular crime should be resolved in the defendants favor.

Question 25

5th amendment

Answer 25

Guarantees the right to a grand jury, forbids punishment of the same offense twice (double jeopardy) and protects against self-incrimination. Requires that due process of law be part of any proceedings that denies a citizen "life, liberty or property" and requires the government to compensate citizens when it takes private property for public use.

Question 26

Solemn Factors

Answer 26

1. The gravity of the offense and the harshness of the penalty 2. The sentences imposed on other criminals in the same jurisdiction. 3. The sentences imposed for commisson of the same crime in other jurisdictions.