Crim_Law_Hunvald1 - CRIMINAL LAW OUTLINE - FALL 2000...

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CRIMINAL LAW OUTLINE - FALL 2000 Punishment 3 reason’s for it removes dangerous people from society deterrence rehabilitation Theories of Punishment Restraint/Incapacitation Pros prevents future crimes by offender protects society Cons overcrowding of prisons may hurt offender more than may help can’s always tell who is dangerous hard to determine sentences Deterrence Pros offers a strategy for the future/prevents future crime can operate though general education-family, school,church prevents others by making an example of criminal Cons people commit crimes in the heat of the moment-don’t think may frustrate offender, rather than deter relies on idea that criminal behavior is not impulsive hard to gage Rehabilitation Pros prevents future crime of defendant changes people for the better Cons hard to do in prison setting/ prison envir. not like real life expensive easy to fake not fair to give to prisoners-ie. education differential sentences relies on idea that people have knowledge to change others must be self motivated Retribution Pros makes society and victim feel better expresses societies values punishment fits crime helps get rid of vigilante justice Cons uncivilized unreasonable no constrictive purpose Sentencing Who should decide
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CRIMINAL LAW OUTLINE - FALL 2000 legislature mandatory sentencing gives a certain fairness and predictability to system it is not possible to think of every relevant fact in advance what if criminal rehabs- will we abandon his sentence? we would be locked into a system that may not work re-election nature of legislators not fair to prisoners Judges have wide disparity from one judge to the next could weigh facts of that particular case Parole Boards sentencing would be left to the end of imprisonment might give in to public opinion members have little to no training Proportionality When sentencing one should consider (Solem v. Helm pg 39 CB) gravity of offense v. harshness of penalty compared to other criminals in same jurisdiction compared to other criminals in other jurisdictions What should be punished? Generally criminality and morality agree but not always What is nature of harm to person, property, social fabric brought about by the practice? If practice does cause serious social harm, is criminal justice system a good weapon against it? If the practice does cause social harm, what are the costs of using criminal system to attack it? See sodomy and abortion Constraints on CJ System Adversary system : neutral umpire- judge Pro truth usually emerges Cons may not be reality (skills of lawyers on each side, selective choice of witnesses) Rules of Evidence : designed to keep out what may mislead jury, but in doing so may keep out relevant facts. Federal Constitution
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Crim_Law_Hunvald1 - CRIMINAL LAW OUTLINE - FALL 2000...

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