Criminal Law Outline
The Wef
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I. Introduction
A. In General
1. Crime
A crime is an act or omission prohibited by law for the protection of the public, the violation of which is prosecuted by the state and punishable by fine or jail.
2. Sources of Criminal Law
The definition of basic crimes and defenses derives from common law. Crimes are now largely governed by statute, but common law helps interpret them.
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II. The Purposes and Limits of Punishment
A. Justifications for Punishment
1. Incarceration
Imprisonment restrains criminal behavior and protects society from offenders.
2. Deterrence
a. General – prevent others from committing crimes.
b. Specific – prevent the offender from committing future crimes.
3. Rehabilitation
Penalizing offenders presents an opportunity for treatment and rehabilitation.
4. Retribution
The fact that the defendant committed a crime is itself reason to punish.
B. Sentencing
1. Background
Historically, major crimes called for mandatory death sentences. Over time, the law changed in response to this harsh reality. Murder was divided into murder and manslaughter and then into degrees.
2. Discretion
Discretion in sentencing was also aimed at the harsh mandatory sentences of early common law. However, the discretionary system had its own problems.
Discretion à Disparity à Discrimination
a. 1980s and the War on Crime
The war on crime achieved longer sentences and mandatory minimum terms for certain crimes.
b. Birth of the Federal Sentencing Guidelines
Congress set up guidelines in order to eliminate disparity and produce honesty in sentencing (20 years = 20 years). States had similar systems.
C. Proportionality
1. Notion
Proportionality is the notion that the punishment should fit the crime.
2. Cruel and Unusual Punishment
The Eight Amendment contains a narrow proportionality principle that applies to non-capital offenses, fines, and terms of years.
life sentence without parole.
§ Question: Was the sentence cruel and unusual?
§ Ruling: Yes. The court emphasized the lack of a parole possibility.
Harmelin v. Michigan*
§ Facts: Harmelin received a life without parole sentence for a single act of possessing 672 grams of cocaine.
§ Question: Was the sentence cruel and unusual?
§ Ruling: No. The court reiterated that the proportionality principle was narrow.
D. Federal Sentencing Guidelines
1. Features
The federal sentencing guidelines use a complex grid whereby the offense is merely one factor among many, including relevant conduct, a grading of the base offense level, and other adjustments for surrounding circumstances.
2. Presumptive Sentences and Flexibility
Although the guidelines are presumptive, judges have authority to depart from them in some circumstances.
