{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

Criminal law-Ramsey- Spring 2005

Criminal law-Ramsey- Spring 2005 - 12 Steps 1 Detection 2...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
12 Steps: 1. Detection; 2. Arrest; 3. Booking; 4. 1 st appearance/formal charge; 5. Preliminary Hearing; 6. Grand Jury Indictment or Information; 7. Plea Bargaining; 8. Arraignment → ∆ makes plea; 9. Pretrial Motions; 10. Trial → Verdict; 11. Sentencing; 12. Direct Appeal/ Habeas Corpus Washington v Blakely : Judge cannot raise penalty unless jury has heard the issues Purposes of criminal law – Public, statutory regime - Society is a victim, even if private citizen is harmed - Less focus on restitution that tort law - Federal crimes o Commerce crimes o Crimes in federal land o Military crimes o Crimes that violate Federal codes - State crimes o Vary from state to state o Generally concerns street crimes – property - MPC – written by American Law Institute o Not adopted formally, but is an example of uniform US criminal code Why do we punish? - Retribution v Utilitarian o Retribution → people deserve punishment → based on the past harm o Utilitarian → punishment serves a social good → based on the future benefit Would be OK to punish an innocent if it stopped other people from committing the crime – Moore Or pretend to punish actor when you know they will never commit the crime again (pretend makes society happy and deters others) - Retribution → just deserts → punish only because offenders deserve it o How does society view the crime? But, should be punished even if no victims wanted it – Moore What if a person (hobo) does not receive the benefits of society - Morris o Doing exact equivalent in return could be over or under punishment, depends on circumstances o Not eye-for-an-eye so much as finding out if a punishment is deserved – Moore Then can decide how much punishment is appropriate Should punish even if the victim doesn’t want it o Satisfies a social need Utilitarian gain (benefit to society) can be seen as a bonus Mixed theory – punishment must achieve social gain and punish deserving offenders Punishment promotes social cohesion through condemnation- Durkheim Punishment shows that society condemns crimes - Feinberg o Retribution and capital punishment Kant – murderers should be executed o Kant – no one should be punished more than they deserve merely for the benefit of society 1
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Punish only to the extent that the social contract has been violated Reciprocity of advantage o Those who disobey law, gain unfair advantage over those who don’t Imprisonment corrects this advantage - recirpocal o If someone can not make rational choice, is desert just? – Morris - Deterrence → only goal is prevention But, assumes some calculation goes into deciding to do crime At what point does a drug addict calculate Need to get there before it is too late o Returning to status quo may be insufficient o Specific deterrence – on that specific actor o General deterrence – deters potential offenders in general community o Other problems Shaming – can lead to an increase in marginalization
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

Page1 / 21

Criminal law-Ramsey- Spring 2005 - 12 Steps 1 Detection 2...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon bookmark
Ask a homework question - tutors are online