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Unformatted text preview: I. Justification for Punishment A. How is Guilt Established – Proof Beyond a Reasonable Doubt 1. Background Info: Any crim. justice system is the apparatus society uses to enforce standards of conduct to protect individuals and community 2. System serves three purposes beyond punishment a. Removes dangerous people from the community b. Deters others from criminal behavior c. Transforms law-breakers into law-abiding citizens 3. Every crime can be distinguished from every other crime by the combination of the specific act and the specific mental state of the perpetrator at the time of commission – categories of elements common to all crimes a. Act or Omission to act = Actus Reus b. Mental State of Mind/Intent – Mens Rea c. Resulting HARM makes a difference Marc : Think of criminal law as a “freedom-preserving device.” You give up right to engage in criminal behavior so that no one else can commit crimes against you. Criminal law serves many goals – Some conflicting. Individual protection v. Community protection. Individual Liberty v. Enforcement of law. Cohesion (teaching right and wrong). Safety (deterrence and removal) Proof beyond a reas. doubt – Individual not convicted unless proof beyond a reas. doubt of each element constituting crime is put forth (p.38) Marc: “It is far worse to convict an innocent man than to let a guilty man go free.” There will always be risk that innocent people will be convicted. We’re constantly answering the question of “How much protection against convicting innocent should there be?” Question of Balance D. Principle forms of punishment: Fines, probations, imprisonment, social stigma, barrier to future employment, risk of enhanced punishment in event of future crime – Imprisonment deprives person of security, heterosexual activity, and possessions (all of these attack deepest layer of personality) E. Why Punish? (p.101) MPC 1.02 Purposes of Punishment says that purposes of defining crimes are: to forbid and prevent conduct threatening substantial harm to individuals and society; to put under police control those person predisposed to commit crimes. MPC also says that purposes of sentencing criminals are: to prevent commission of crime; to promote correction and rehabilitation; to safeguard against excessive or arbitrary punishment F. Four Reasons why society punishes: 1. Retribution/Punishment (p.102) – social expression of moral outrage. Punishment is society’s way of expressing denunciation of wrongdoing. Punishment is justified by moral culpability of those who receive it. Retributivist punishes only b/c the offender deserves it 2. Deterrence (p.115) – Reflects that punishment deters potential offenders in the general community a. General Deterrence – Threat of punishment deters potential offenders in the general community b. Specific Deterrence – Infliction of punishment on specific offenders leaves them less likely to engage in the crime Studies show that it is not the severity of the punishment that deters, but...
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This note was uploaded on 05/01/2008 for the course LAW 810 taught by Professor Marcosson during the Spring '08 term at University of Louisville.
- Spring '08
- The Land