Procedure and Theories of Punishment Flashcards

1
Q

What are the theories of punishment?

A

Incapacitation (Utilitarian)
Deterrence (Utilitarian)
Rehabilitation (Utilitarian)
Retribution

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2
Q

What are the elements of a crime?

A

Actus Reus

Mens Rea

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3
Q

Woodward v.

A
  • Au Pair shaken baby case, Prosecution says death was from shaking and hitting a hard surface, so wants jury instruction for homicide
  • Defense objects to instruction hoping for acquittal, but jury comes back with a guilty verdict so the gamble backfired
  • Appeal imposes time served and jury instruction “clearly erroneous”
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4
Q

What are the goals of Utilitarianism?

A
  • Increase the greater good
  • Happiness and pleasure
  • Focus on outcome and efficiency
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5
Q

Kansas v. Hendricks

A
  • While man is in prison for child molestation, statute for civil commitment passes, which would require time in a mental institution after prison
  • Argues this violates Due Process Clause (second bite at apple) and Ex Post Facto (punishment for act before illegal)
  • Court holds because this is a civil and doesn’t fit utilitarian practices of punishment, the statute is fine
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6
Q

Grahm v. Florida

A
  • Juvenile violated parole and charged for present and past non-homicide robbery crimes, sentenced to life without parole
  • SCOTUS holds juvenile non-homicide LWOP violates 8th amendment
  • Roper- no death penalty for juveniles
  • Atkins- no death penalty for diminished mental capacity
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7
Q

Kennedy v. Louisiana

A
  • Man charged with aggravated rape of 8yo step-daughter, sentenced to death penalty
  • Death penalty for non-homicide violates 8th amendment
  • Framework of no life taken, no death sentence
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8
Q

Ewing v. California

A
  • 25-life sentence under 3 strikes law
  • 3 factors for disproportionality under the 8th amendment
  • Court holds that 3 strikes law for non-homicide crimes is constitutional
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9
Q

Miller v. Alabama

A
  • Two 14yo’s convicted of murder, sentenced to LWOP

- Court holds this violates the 8th amendment

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10
Q

What are the components of mandatory minimum sentencing?

A
  • Criminal history

- Gravity of offense

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11
Q

What are modern sentencing guidelines?

A
  • Either determinate(fixed) or indeterminate -> both can be discretionary(Judge decision) or non-discretionary(Statute)
  • Discretionary can be guided(statute range) or unguided(Judge decision)
  • Guided can be presumptive(specific binding) or voluntary(strongly encouraged)
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12
Q

Apprendi v. New Jersey

A
  • Man fired .22cal into neighbors house
  • Judge added time for hate crime
  • Court held that such additions are subject to beyond a reasonable doubt and for the jury
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13
Q

What is the difference between beyond a reasonable doubt and preponderance of the evidence?

A
  • Beyond a reasonable doubt is 90% sure

- Preponderance of the evidence is 50.000001% sure

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14
Q

What is the basic timeline for a criminal case?

A
  • Investigation
  • Arrest
  • Information/Indictment
  • Arraignment
  • Pre-Trial Motions
  • Trial
  • Sentencing
  • Appeal
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15
Q

What is proportionality?

A

-Term of years and categorical rules that are intended to ensure the crime matches the punishment

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16
Q

What is term of years related to proportionality?

A

-Term of years is balancing gravity of offense and severity of sentence, then comparing state practices if necessary

17
Q

What are the categorical rules related to proportionality?

A

-8th amendment rules about death penalty for homicides against an individual only*, no DP for juvenile offenders or intellectually disabled, no life w/o parole for juvenile offenders – homicide or no homicide