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Criminal Law Outline-Final.docx - Theories of Punishment...

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Theories of PunishmentRetributionoPeople should get what they deserve. Humans have free will. If they chooseto do wrong, it is appropriate to punish them.Looks backwards. Only punishes to the extent of the wrongdoing.UtilitarianismoAll forms of pain are bad. Punishment is not good, but neither is crime.Punishment is proper if imposition of pain will reduce the likelihood offuture crimes.oTwo Types:General DeterrenceThe pressure that the example of one’s criminal pain andsuffering exerts on potential criminals to forgo theircontemplated crimes.Specific DeterrenceThe pressure that unpleasant memories of incarceration exerton a released convict, which causes him to obey the law.RehabilitationoThe acquisition of skills or values which convert a criminal into a law-abiding citizen.Components of a CrimeActus ReusoThe act.Mens ReaoA morally culpable state of mind.CausationoActual Cause – But for testoProximate CauseConcurrenceActus ReusAct Requirement:oThe act must be volitionalVoluntary Act:A willed bodily movement; a movement of the body thatcomes about because the person wants to move that part of the body.Habitual acts are treated as being volitional.Involuntary Act:A movement of the body that occurs by accident,force, reflex, or convulsion; or during unconsciousness, sleep, orhypnosis.oMPC RuleSection 2.01(1) A person is not guilty of an offense unless his liability isbased on conduct that includes a voluntary act or omission toperform an act of which he is physically capable.
(2) The following are not voluntary acts within the meaning ofthis section: (a) a reflex or convulsion; (b) a bodily movementduring unconsciousness or sleep; (c) conduct during hypnosis orresulting from hypnotic suggestion; (d) a bodily movement thatotherwise is not a product of the effort or determination of theactor, either conscious or habitual.oOmissions LiabilityCriminal Liability can be based on an omissionif the defendant hada legal duty to act and was physically capable of acting.Theomission must also cause the social harm, and the defendant must actwith the requisite mens rea in order to be convicted.Five Situations Where There is a Legal Duty to ActoSpecial RelationshipBeardsley, HowardoContractoStatutory DutyoDefendant Creates the RiskoDefendant Voluntarily Assumes CarePestinikasMPC Rule Section 2.01(3) Liability for the commission of an offense may not be basedon an omission unaccompanied by action unless: (a) theomission is expressly made sufficient by the law defining theoffense; or (b) a duty to perform the omitted act is otherwiseimposed by law.oStatus CrimesOne aspect of the act requirement has been constitutionalized: Theidea that people should be punished only for their conduct and not forbeing a certain kind of person.

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Term
Fall
Professor
Welling
Tags
Test, criminal law

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