Theories of Punishment

Question 1

Utilitarian

Answer 1

justification lies in the useful purposes of punishment

Question 2

Retributive

Answer 2

justification lies on the fact that people who commit crime deserve punishment

Question 3

When should punishment not be inflicted? (4)

Answer 3

1. When it is groundless
2. When it is ineffective
3. When it is unprofitable/too expensive
4. When it is needless

Question 4

(4) goals of Utilitarianism

Answer 4

1. General deterrence
2. Individual deterrence
3. Incapacitation
4. Reform/Rehabilitation

Question 5

General Deterrence

Answer 5

reduce crime by discouraging others

Question 6

Individual deterrence

Answer 6

if an offender has been punished before, won’t commit crime again

Question 7

Incapacitaion

Answer 7

keeping them out of general circulation or physically prevent people from acting upon destructive tendencies

Question 8

Reform/Rehabilitation

Answer 8

punishment can rehabilitate so wish to commit crimes will lessen

Question 9

Criticism to Utilitarianism (3)

Answer 9

1. Justifies punishment of an innocent person to minimize risk and appease society
2. Moral objection to rehabilitation as punishment (community might want offender punished, not treated)
3. Ignores dignity and rights of wrong doers

Question 10

4 Types of Retribution

Answer 10

1. Positive Retribution
2. Negative
3. Assaultive
4. Victim-centered

Question 11

Stephen’s principle

Answer 11

Assaultive retribution- Criminals should be hated

Question 12

Morris princple

Answer 12

Protective retribution- Punishing pays deference to the individuals freely chosen act. Focus on offender
defendant has right to be punished. He is a human who made choice and we have to respect and accept that

Question 13

Kant principle

Answer 13

Pro-retribution. Punishment respects humanity. Punishment should be imposed not to deter, but because person committed crime

Question 14

Wechsler principle

Answer 14

Utilitarian retribution- satisfying community’s demand for retribution can keep people vested in legal system

Question 15

Murphy & Hampton principle

Answer 15

Restorative justice- victim centered
Victim was harmed, D hurt victim, assumed control of victim In order for victim to balance the scales, D must be punished

Question 16

7 Objectives of sentencing defendant

Answer 16

1. Protect society
2. Punish defendant
3. Encourage D to be law abiding life
4. Deter others
5. Isolate D so they can’t commit other crimes
6. Secure restitution for victim
7. Seek uniformity in sentencing

Question 17

Principle of Legality

Answer 17

A person may not be convicted and punished unless his/her conduct was defined as criminal. requires all law to be understandable and written down. If law is unclear, might give law enforcement too much room to arrest

Question 18

Law is void if (3)

Answer 18

i. Does not give fair warning
ii. Invites arbitrary enforcement (from police)
iii. Prohibits legitimate behavior

Question 19

Purpose

Answer 19

when it is in his conscious objective to engage in particular conduct or to cause particular result

Question 20

Knowledge

Answer 20

when he is (1) aware of his conduct, the attendant circumstances, result and (2) practically certain to cause result.

Question 21

Recklessness

Answer 21

when person consciously disregards a substantial and unjustifiable risk

Question 22

Negligence

Answer 22

when person fails to be aware of substantial and unjustifiable risk. *No mental state

Question 23

Subjective vs. Objective

Answer 23

i. Objective standard- what jury things D should believe (negligence)
ii. Subjective standard- what D believes (all but negligence)