Crim_Law_Brumbaugh2

Crim_Law_Brumbaugh2 - CRIMINAL LAW OUTLINE Alysa Zeltzer,...

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CRIMINAL LAW OUTLINE Alysa Zeltzer, Semester I, 1998 I. Ch.1-- FRAMEWORK OF LAW A. Theories of Punishment 1. Retribution a. Pros— Makes us feel better, especially victims. b. Cons— Barbaric and uncivilized --- No constructive purpose --- Too emotional, blocks reason --- Criminal system is to protect society, not the individual --- hard to determine sentence 2. Removal From Society R a. Pros -- Keeps criminals from hurting society -- People feel safer b. Cons-- Can’t always tell which criminals are dangerous People will eventually get out and the longer in jail, the more dangerous they get 3. Reformation a. Pros—creates good citizens makes us happy about the penal system b. Cons—expensive Politically difficult (if college education is given to all prisoners, joe taxpayer asks who is paying for his education?) Questionable results (prisoners can make themselves looks good for the paroleboard and not really be reformed) Different sentences for the same crime 4. Deterrence a. Pros—reduces crime since it is always there, may stop one form even considering a crime works well for premeditated crime b. Cons—difficult to assess deterrence does not work well with impulsive crime B. SENTENCING CONSIDERATIONS 1. Issues a. What are the proper grounds for sentencing (rehab, deterrence, etc. .) b. What type of punishment (if isolation theory, a well guarded “warehouse”.) c. Who should decide: 1. If legislature: specify exact sentences & leave little discretion to judges & may abolish parole boards a. Pro: consistent sentencing b. Con: re-election mentality of politicians not fair to criminals, cannot predict in advance, wipes out parole for good behavior 2. judges would have broad discretion a. Pro: judges could weigh relevant circumstances b. Con: inconsistent sentencing, not efficient 3. Parole Board 2. Proportionality a. Punishment for crime should be graduated and proportional to offense b. Determining the sentence 1. gravity of the offense (violent v. nonviolent) 2. sentence imposed on other criminals in same jurisdiction 3. sentence imposed on other criminals in other jurisdictions 4. magnitude of the offense ($100K v. $100) 5. attempt v. success 1
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c. What should be punished 1. generally, criminality and morality agree but not always 2. ISSUES a. What is the nature of the harm to the person, property, and social fabric by crime? Practice. b. If the practice does cause social harm, is crime. Law a good weapon to use against it? c. If the practice does cause social harm, what are the costs of using crime? Law to attack it? (economic costs, burden on courts) C. CONSTRAINTS ON CRIMINAL JUSTICE SYSTEM 1. Adversary System (Trial by battle) a. Pro: Truth emerges from two diff. viewpoints b. Con: Clearly that is not realistic (disproportionate skill of counsel, selective choice of witnesses, some areas of testimony may be avoided (isn’t helpful to strengthen either side’s case) 2. Constitutional Restraints a. Right to Privacy
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This note was uploaded on 03/03/2010 for the course LAW 28465 taught by Professor Carson during the Fall '09 term at University of Texas.

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Crim_Law_Brumbaugh2 - CRIMINAL LAW OUTLINE Alysa Zeltzer,...

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