Criminal law- Ramsey- Spring 2006

Criminal law- Ramsey- Spring 2006 - Justification for...

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Justification for Punishment page # Retributivism v. Utilitarian Prevention v. Deterrence Sentencing BASICS : ACTUS REUS Actus Reus MENS REA Omissions CAUSATION Mens Rea Strict Liability Mistake of Fact Mistake of Law Proof Beyond a Reasonable Doubt HOMICIDE : Intended Killings Premeditated Murder Voluntary Manslaughter Affirmative Defenses: Provocation EED Battered Women’s Syndrome Unintended Killings Reckless Murder (1 st or 2 nd degree?) Involuntary Manslaughter Depraved Heart Murder Criminally Negligent Homicide Felony Murder Limitations: Proximate Cause Inherently Dangerous Merger Agency Theory Killings Not in Furtherance of the Felony Policy DEATH PENALTY : Philosophy Punishment Justifications Constitutional Limitations Rules: Consistency Subjective RAPE CAUSATION Breaking Causal chain ATTEMPT Defenses: Abandonment Solicitation Conspiracy Preparation v. Attempt CONSPIRACY Termination Sentencing
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EXCULPATION Self Defense Battered Womens Syndrome Insanity
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*All crimes must have (1) actus reus (2) mens rea (3) causation . Discuss each element * JUSTIFICATION FOR PUNISHMENT -Punishment is an expression of societal values. (should custom be considered?) 1. Retributivism- punishment for the sake of deserving it, without instrumental objectives. Justice through repriciprocity. (Kant). “Just deserts.”/”Limited Vengeance.” Doesn’t get at source of criminality, but sticks with idea of right and wrong. (cannibalism case) Punishment must be proportional to the crime. (2. Mixed Theory - just deserts and net social gain). 3. Utilitarianism - deterrence/prevention. Choice as a rational act. Do punishments provide the disincentives for crime? Prevention/Deterrence- (through: imprisonment, stigma, moral influence) General- sending a message to society Specific- deter individual from committing crime in the future. Rehabilitation- Punishment to change the criminal away from a criminal lifestyle. Better for the criminal. Better for society to change the criminal (utilitarian). Incapacitation- designed to keep the defender away from the rest of society. Most pessimist of theories. (Especially for career criminals). Sentencing- roles: Legislators (prescribe range), prosecutors (determine what charges), judges (choose where within the range the crime falls), parole and correctional authorities (determine when to release offenders); all exercise discretion on sentencing (v. determinative, which is what happens when judge defers to legislature, like done using the US Sentencing Guidelines). CRIMINAL CONDUCT BASICS Actus Reus- the act or omission that causes social harm. Includes habit. Limits: Voluntary: act has to be physically , not just legally. (otherwise what punishing?) Rule: All acts need to be voluntary. Martin MPC: only needs to include a voluntary act. Timeframe: the court has the power to expand and contract time frames,
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Criminal law- Ramsey- Spring 2006 - Justification for...

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