Harvard outline - Criminal Law 6 Professor Steiker Spring...

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Criminal Law 6 – Professor Steiker – Spring 2007 - Outline – Page 1 CRIMINAL LAW OUTLINE PROFESSOR STEIKER SECTION 6 TABLE OF CONTENTS INTRODUCTION Criminal law consists of two main subjects – Substantive Criminal Law - Who gets punished, for what, and why? o Many similar concepts between substantive criminal law and torts – but the two bodies of law come to very different conclusions Criminal Procedure - Constitutional limits of criminal procedure – Fourth, Fifth, and Sixth Amendments o Criminal procedure similar to civil procedure – although obviously some differences Why is criminal law important? – violence in the name of the collective US criminal law distinctive in the world – which it has always been, but not the same way o In 19 th century – Quakers in some states got rid of grotesque sanctions on the body, death penalty – seemed weird to Europeans o Now, 21 st century – we’re at the other end of the spectrum – alone in West for having capital punishment, we are leading incarcerator in the world, and we have much harsher punishments for everything o Also distinct in our procedure – use lay juries more than anyone – much more protective of individual rights – model for world courts, new democracies SUBSTANTIVE CRIMINAL LAW Regina v. Dudley and Stephens – 135-40 – England, 1884 Dudley and Stephens – sailors stranded - kill and eat Parker to survive Dudley is the captain – he’s the one who comes up with the idea to draw lots to figure out who to kill – which didn’t happen, they just killed the kid Captains have a lot of legal authority on the high seas – and also a knife, so of course Stephens goes along – but Brooks doesn’t What’s the best case against Dudley? – no self-defense – which is only justification for killing someone; Dudley said the prayer beforehand – knew what he was doing was wrong – so no insanity, rational decision Defense for Dudley? – necessity - duress from elements – situation basically holding a gun to their heads – but cabin boy and Brooks didn’t kill anyone Prior case from America – said necessity was a defense – but captain/crew had duty to go first – British judge says American law won’t be English precedent
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Criminal Law 6 – Professor Steiker – Spring 2007 - Outline – Page 2 This was a common practice in the late 19 th century – Custom of the Sea - public opinion was on their side, even Parker’s family What about Stephens as distinct from Dudley? – he conspired with Dudley, agreed to it – but really not much difference between Stephens and Brooks – all Stephens did was say yes instead of no – but Stephens gets treated identically to Dudley, not Brooks Anyone else to blame? – boat owner – Dudley had to pay above market value for crew – but does that make the boat owner liable? – As far as their odds of being rescued – does it matter what Dudley thought, or what was
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This note was uploaded on 04/27/2010 for the course LAW 840 taught by Professor Tim during the Spring '10 term at University of Louisville.

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Harvard outline - Criminal Law 6 Professor Steiker Spring...

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