Crim_Law_Outline[1]

Crim_Law_Outline[1] - 1 Introduction a Three features of...

Info icon This preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
1) Introduction a) Three features of criminal law (Hart p.1) i) Directions/commands – tell people what they can and cannot do ii) Valid and binding – speak to members of community on community’s behalf iii) Sanctions for disobedience – community will enforce b) Sources of criminal law: i) Statutes – legislatures usually make the criminal law ii) CL/case law – can help resolve ambiguities in statutes, etc. iii) MPC c) Criminal law is limited by substantive constitutional limits d) Standard of Proof: Beyond a Reasonable Doubt i) Prosecution has the B of P to prove every element of crime according to this standard ii) Example: Owens (p.14) – Drunk in car in driveway (not his own); car running (1) DWI statute referred to driving on public road (a) State argued he must have been on public road at some point (2) D claimed insufficiency of evidence (3) Appellate court said review of totality of circumstances would be inconsistent with a finding of innocence (a) Not asking did state prove beyond reasonable doubt b/c jury/judge already answered question and this is appeal so adopt more deferential standard. (b) Court not asking whether only rational conclusion could be a conclusion of guilt but is it a rational conclusion – could rational jury concluded beyond reasonable doubt 2) Principles of Punishment a) Questions of punishment: i) Why punish? ii) What are necessary conditions for punishment in cases (who is punished)? iii) What degree of severity is appropriate (how much punishment)? b) Theories of punishment i) Utilitarianism (1) Philosopher: Jeremy Bentham; describes principle of utility – measuring actions according to aggregate contributions to social good; is forward looking (2) Costs of deterring crime should not outweigh societal benefits of deterring crime (3) Utilitarians will name four benefits of effective punishment (a) General deterrence – providing a rational reason for people not to commit crime (b) Individual/specific deterrence (c) Incapacitation and risk management – taking offender out of society (d) Rehabilitation (4) Hard case for utilitarian is: what if social good in punishing someone who did nothing? (5) How much punishment? (a) Should punish people to the extend that it maximizes social welfare
Image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
(b) “Value” of punishment must not be less than “profit” of crime to doer ii) Retributivism (1) Philosopher: Immanuel Kant; punishment is justified because wrongdoer deserves to be punished but only to extent that they deserve to be punished (a) Extent might not mean “eye for eye” but might be some fairness ration (2) Categorical imperative: violates a person’s humanity to treat them as means to end (3) Two types of retributivism: (a) Positive retributivism - deserving punishment for wrongdoing is necessary and sufficient condition; Wrongdoers deserve be punished to full extent of wrongdoing (b) Negative retributivism - mix of utilitarian and retributivism; deserving punishment is necessary condition for one to be punished but not necessarily a sufficient condition; must also
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern