Crim_Law_Unknown2 - Theories of punishment MPC A....

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Theories of punishment MPC A. Punishment: 1. To forbid and prevent conduct inflicts or threatens substantial harm to individual or public interest, 2. To subject to public control persons who are disposed to commit crimes, 3. To differentiate between serious and minor offenses. B. Sentencing: 1. Prevent commission of crimes, 2. 3. Safeguard against excessive, disproportionate or arbitrary punishment. II. Common Law: A. Retribution: 1. Moral duty to punish to negate harm to society caused by crime. 2. Must suffer in proportion to crime to conserve social conscience. 3. Only the guilty should be punished. It is wrong for society to punish those who do not deserve it. B. Utilitarianism: 1. Proportionality required to prevent juries from refusing to grant severe consequences 2. Actus Reus: Voluntary action/inaction which can be punnished I. Involuntary actions are not culpable A. Common Law 1. Forced movement by third party, e.g. police forcing drunken man into public. Martin (171) 2. Status crimes are unpunishable: a. There must be a positive action or omission: May not make “being a drug addict” illegal. Robinson (1011) b. But habit, foreseeable consequences of voluntary intoxication, possession of narcotics by an addict (consequences of status) are voluntary acts. Powell (1013) 3. Unconsciousness due to shock, sleepwalking are not voluntary actions. Newton (173), Cogdon (177) B. MPC 1. §2.01: (2) Excludes (a) reflex, convulsion, (b) movement during unconsciousness/sleep, (c) action under hypnosis (d) “otherwise not a product of the effort or determination of the actor, either conscious or habitual.” 2. Voluntary acts require knowledge: MPC §2.01(4): Possession is an act … if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession. C. Why: 1. No point in retribution, no deterrence in punishing involuntary acts. II. Omissions A. MPC: 1. §2.01(1) Not guilty unless … the omission to perform an act of which he is physically capable. 2. §2.01(3) No liability for omission unless a. Omission expressly sufficient in law defining offense or b. Duty to perform omitted act otherwise imposed by law. [Any common law status relationship] B. Common law omission: No punishment unless status requires action. Jones v. US (191) 1. Status may be imposed by statutory duty (doctors, social services, teachers, parents.) 2. Statuts may by required by special relationship: Parent, teacher to child, captain to crew, master to apprentice. 3. Contractual duty may impose status. 4.
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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 at Austin.

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Crim_Law_Unknown2 - Theories of punishment MPC A....

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