CrimLaw[1] - Criminal Law Theories of Crime- Retributivism...

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Unformatted text preview: Criminal Law Theories of Crime- Retributivism - looks backwards. o Look at the individual and what they did. o How bad were you? o So bad- you have to be punished. o Dont care about deterrence/rehabilitations- only want to punish. o Moral obligation.- Utilitarian - (Bentham) look forward. o What can society get out of the punishment. o Looking more at what is good for society. o DEF: Best policy is the one that does the most good for the most ppl. - Purpose of Criminal Law o Deterrence General Deterrence to deter the public from commiting crime. Specific Deterrence - to deter a particular individual from committing crimes in the future. o Incapacitation to hold an offender in custody to prevent them from committing crime. o Rehabilitation - the process of seeking to improve a criminals character and outlook so that he or she can function in society without committing other crimes. o Retribution to pay back debt to society for crimes.- Roles of the Courts o Trial Court fact finder o Appeals Court - not fact finder; review case in light of the appellant, assuming all evidence is there, proof beyond a reasonable doubt.- Classifications of Crimes o Felonies possible penalties of more than 1 year. o Misdemeanors possible penalties of 1 year or less.- Elements of Crime o Mens Res the mental aspect of the crime. o Actus Reus the actual commission of the crime. HOMICIDE Common Law Murder 4 Types:- Intent to Kill acting with the want for the specific result of death.- Intent to injure acting with an intent to cause severe harm but resulted in death.- Conscious disregard for life acting in a negligent way which shows a disregard for the risk of death.- Felony Murder death the is the result of or happened during the course or escape from a felony. o No particular Mens Rea is required. Ex. Defendant wanted to see his high school basketball team win the game, so he took out a gun and shot at the leg of a player on the opposing team. Defendant only wanted to hurt the player, but he unintentionally shot a player from his school in the chest killing him. Guilty of murder intent to injure but resulted in death. Common Law Manslaughter Voluntary having the intent to kill but with mitigating circumstances.- Heat of passion o Adequate Provocation:- What would provoke reasonable person, Spousal infidelity, Rape. o No reasonable cooling off period.- Imperfect privilege o Unreasonable belief that life is in danger o Use of excessive force in self defense, OR o D was initial aggressor Involuntary Manslaughter intended harm but not result of death by: o Gross Negligence disregard of reasonable standard of care....
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This note was uploaded on 04/01/2011 for the course CRLP 107 taught by Professor Bretz during the Spring '10 term at Cooley Law.

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CrimLaw[1] - Criminal Law Theories of Crime- Retributivism...

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