3/21/15 1:14 PM
o Potential utilitarian reasons to punish
To prevent offenders from doing further harm
Give satisfaction to victims/society
To reform offenders and make them into more
productive members of society
Writing Assignment #1
Imagine that you and your female friend; both college students at a university in California,
decide to go to a fraternity party. Your friend is dressed provocatively, has too much to drink and
decides to go off with a senior footbal
1. Beginning with common law and concluding with contemporary law, explain how
criminal law has evolved as society has evolved.
Beginning with Norman Conquest of England (1066), royal judges would travel through the land
and hold court multiple ti
There are several theories according to those that approach crime as a social phenomena and
those that approach crime as a matter of individual responsibility.
1. Conflict Theory: A theoretical approach that holds that crime is the natura
What is it?
o Institutions: Lawyers, judges, juries, prisons, police,
Offenses [penal code] killing, stealing, etc
What is it for?
o Maintain proper social order, protecting citizens r
No criminal law
o Society will police itself if no criminal law
Lock them up and prevent them from commiting future
o This is not a Kantian logic. Kant stresses dignity and
free will. This is denying the
Counter example to a conceptual of crime no harm
Even if we think in a utilitarian view, the account is still not
Reference to autonomy that is an independent value that is
Assault can be taken into an account; not jus
How much to Punish?
o Severity of punishment
Greg v Georgia
How the issue is framed?
o Whether the capital punishment under georgias law
violates cruel and unusual punishment
o Whether sentencing the death penalty constitutional
Case just regarding punishment
o Since most case is about the guy is guilty or not
What does the case say in connection with Burtmam/What
are we asking about him whether or not we are going to
o Is he a threat?
Theres an answer
Idea of paradigm case: the idea of looking at one example
Pain | Pleasure = Experiences if the underlying idea of pain and
Its all physiological in the sense of experiences
Assault (why do people object to be hit; What is it that people are
Principle of Legality
The court will not be able convict her due to the principle of
o The courts power is limited by the principle (restriction
against one branch of government)
Legislatures power is not limited
o Can still say cheating on an
Hybrid conception of punishment
To justifies punishment is that it serves a good purpose
How much to punish?
o Retribution does not provide the reason to punish;
offers a license to punish
o To be legitimate/justifies, has to promote gener
The prosecution asked Bergman be punished
o Why? General deterrence use him to provide an
example of why not to commit the same crime again.
o Defense attorneys response
Used kants theory to not punish him. Using him
as a mean to deter othe
Contain the idea of Trump Cards (metaphor)
o Win no matter what the other value of yours and the
other guy is.
o A person have certain right = that IS the trump card
If talking in terms of the A,B,C case,
Trump = social utility; the trum
Nobody believes a liareven when he is telling the truth! (The Boy Who Cried Wolf,
storyarts.org, Aesop). Regardless of the provocatively dressed friend being truly raped or not,
based on the evidence of her previous sexual history and falsely mad