Exam 5 Study Guide - Yellow- dont know Pink- unsure Not...

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Yellow- don’t know Pink- unsure Not highlighted- I’ve looked up and am sure Study Questions, Quiz #5 1. How do criminal and civil cases differ with respect to how they are brought to court, the pretrial stage, and the trial stage? 2. Explain the deterrence and retributive justifications for punishment. How is punishment said to deter? What issues have been raised with respect to the capacity of punishment to deter? Deterrence- Punishment deters by incapacitation- if in jail, can’t commit crime and by intimidation- if people see punishment for crime they won’t commit it (or for those who are experiencing, they won’t commit crime again). Retributive- criminals are punished because they deserve it, if it is just punishment people are more likely to obey it 3. How does retributive theory deal with the question of the extent of punishment that is appropriate for each offense? What problem has been raised with the idea of “an eye for an eye” as a basis for punishment? What problems have been raised by habitual offender laws (p.337)? It grades wrongs so that crime is punished in accordance with its severity. Punishment has to match the crime. An eye for an eye is impossible to do for most crimes Habitual offender laws have made it so that prisons become “schools” for crime & the three strikes and other mandatory sentencing laws contribute to the expanding prison population. People who aren’t “hardened criminals” are becoming such. 4. What is actus reus (p.265)? Give an example in which there is no actus reus because of lack of voluntariness. Actus reus- criminal act If a sleep walker commits a crime during their sleep such as stabbing their wife, because they did not voluntarily do it/they weren’t conscious. 5. What is the difference, in law, between a justification and an excuse (pp.272-3)? Give examples of justifications or purported justifications. Justification- a person has acted in a way that would be considered criminal but the act is willing to be tolerated; it includes self defense, acting under official authority, etc. Excuse- a criminal act committed and although it was not the right thing to do, there are special circumstances that so we don’t expect any better. Mental disorders, intoxication, duress. 6. How does actus reus apply with regard to so-called status offenses (p.267) and to failures to act (pp.267ff)? What is a Good Samaritan law? Robinson v. California- the state makes it criminal offense to be a narcotics addict, but the court held that the statute violated the cruel and unusual punishment clause of the 8 th amendment. A statute cannot punish someone for having the status of being an addict… if an addict commits a crime ie: buys drugs, sells, etc. there is a difference because they are doing something illegal. Simply having a status is not illegal.
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This note was uploaded on 06/20/2011 for the course PHL 135 taught by Professor Benditt during the Fall '10 term at University of Alabama at Birmingham.

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Exam 5 Study Guide - Yellow- dont know Pink- unsure Not...

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