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That unjus8ably and inexcusably inicts

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Unformatted text preview: t from condemna8on as criminal; (d) to give fair warning of the nature of the conduct declared to cons8tute an offense; (e) to differen8ate on reasonable grounds between serious and minor offenses. Model Penal Code § 1.02(2)(a)(ii) Purposes; Principles of Construc8on. (2) The general purposes of the provisions on sentencing, applicable to all official actors in the sentencing system, are: (a) … (ii) when reasonably feasible, to achieve offender rehabilita8on, general deterrence, incapacita8on of dangerous offenders, restora8on of crime vic8ms and communi8es, and reintegra8on of offenders into the law- abiding community…. Presentence Inves8ga8on Report Legal Informa"on •  Juvenile record •  Adult record •  Proba8on/parole history •  Official version of offense •  Plea bargain •  Custody status •  Pending cases Extralegal Informa"on •  Proba8on officer recommenda8ons •  Gang affilia8on •  Background; family & comm’y 8es •  Substance abuse history •  Physical & mental health •  Addi8onal facts, circumstances of offense. •  Financial circumstances •  Employment history •  Educa8on history •  Vic8m- impact statement •  Military record •  .... People v. Du (1991) Statutory sentencing considera8ons: (1) need to protect society (2) need to punish the D for the crime (3) encourage D to lead a law- abiding life (4) deter others (5) isolate the D (6) seek resAtuAon (7) seek uniformity in sentencing How and How Much to Punish? Kant v. Bentham Kant RetribuAve Equality principle: “the undeserved evil which any one commits on another is to be regarded as per- petrated on himself.” Lex talionis – the law of retalia8on. “A life for a life; an eye for an eye.” (What you do unto another, another shall do unto you.) Bentham UAlitarian Punishment should: •  outweigh the benefit of com- mikng the crime. •  never be greater than necessary to prevent the crime (punishment itself being an evil). •  reflect the magnitude of society’s interest in deterring it (hence a harsher punishment for murder than for pickpocke8ng). Propor8onality & the Cons8tu8on Eighth Amendment: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Weems v. U.S. (1910): The Eighth Amendment prohibits not only certain methods, but also “punishments which by their excessive length or severity are greatly dispropor8onate to the offense charged.”...
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