CRIMINAL LAW OUTLINE
Lawson Fall 2010
Jurisdictions:
Common Law Jurisdiction
Modal Penal Code Jurisdiction
Primarily relies on decisions of judges
Relies on statutes itself
Very few states
Most states 37
Has reception statutes – any person who commits a common law crime is guilty of felony
Main Goals of Punishment and Criminal Law
General deterrence
(To society)
Punishment to deter others from committing the same or similar offenses
Pressure that the example of one’s criminal pain and suffering exerts on potential criminals to forego their contemplated crimes
Most criminal minds are unconcerned with punishment
Specific deterrence
(To the person committing the crime)
Punishment to deter the individual defendant from committing the same crime in the future
Pressure that unpleasant memories of incarceration exert on a released convict, which cause him to obey the law.
Fails when prison is a refuge
Rehabilitation
Reforming the defendant through vocational training, counseling, drug rehabilitation, etc
Acquisition of skills or values which convert a criminal into a law abiding citizen
To give skills or values which convert a criminal into a law abiding citizen
Incapacitation
Incarceration to keep the defendant away from other members of society
Rendering harmless to society a person otherwise inclined to crime
Retribution
Giving the defendant what he deserves
Intentional infliction of pain and suffering on a criminal to the extent he deserves it because he has willingly committed a crime
Oldest punishment: Eye for an eye (Bible)
Malum in se – a thing bad in itself
Malum prohibitum – a thing bad only because defined as illegal (man made crime)
Dilemma of Discretion:
Legislature has discretion to decide for its jurisdiction what is criminal
The real prosecution begins when enforcement of the law begins
Judge or jury will exercise their discretion to decide if crime was committed
What is proof beyond a reasonable doubt?
Jury is allowed to infer from circumstantial evidence
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Criminal Trial:
Presumption of Innocence
– “enforcement lies at the foundation of the administration of criminal law”
– The reason why the prosecution goes first
Standard of Proof – level of certainty the fact-finder must reach before ruling for the party with the burden of proof
Reasonable Doubt –
– Doubt for which you can give a reason
– Doubt based on sound judgment after full consideration of the evidence
– It is not mere possible doubt
– The reasonable doubt standard is the same for every crime
– Due Process 5th and 14th protects defendant
– Rationale for standard: punishment is more severe in criminal law than in civil law
Role of the Jury –
6th Amendment – “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury.”
Unless waived
– Granted in order to prevent government oppression
Jury Nullification – the act of returning a verdict contrary to law
What makes it possible?
– jury ordinarily return a general verdict
– double jeopardy – 5th Amendment
Race-Based Jury Nullification – Butler – 30 J Marshall L Rev 911
à over half of people in jail are black
à advocates black self help
à thinks crimes by black men are because they were disadvantaged by where they are from and when they are born
à thinks these people are dangerous for reasons beyond their control
à for violent less crimes
à purposes
o black self – prevents people from being punished when there are better alternatives
o political protest – encourage end to madness when white people don’t get locked up for their crimes
Race-Based Jury Nullification: Rebuttal – Leipold – 30 J Marshall L. Rev 923
à it would affected racial impact of juries — no one would pick blacks (race neutral explanation)
à juries don’t hear outside evidence that would help them making the choice to nullify (priors, records, how long in jail, home life)
à if we say it is ok to nullify, we have no basis to ever complain about a jury decision
à the plan raises the flag of surrender in the fight for equal justice under the law
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Statutory Interpretation
– statutes are primarily source of criminal law in US
– judges interpret and play important role
Cannons of Statutory construction
1. Plain Meaning:
Consider the common sense meanings of the words
2. Canons of Construction:
Noscitur a sociis – the meaning of doubtful terms or phrases may be determined by reference to their relationship with other associated words or phrases
Ejusdem generis – “where general words follow a specific enumeration of persons or things, the general words should be limited to persons or things similar to those specifically enumerated.”
3. Statutory Structure
ses (intra-jurisdictional analysis)
3. penalties imposed in other jurisdictions for the same offense (inter-jurisdictional)
Ewing v. California
à previously convicted theft stole 3 golf clubs
à California had 3 strikes your out law
à 8th Amendment contains a “narrow proportionality principle” in non-capital cases
à In weighing this offense —- must look at his prior offenses
à This was proportional since he had serious history of crime
MPC – trials are bifurcated into guilt and punishment phase
Jury decides whether to impose death penalty by looking at mitigating and aggravating factors
Equal Protection
McCleskey v. Kemp
à Armed robbery of furniture store
à Shot cop
à Jury sentenced death penalty
à He appealed and used the Baldus study as evidence
à Arguing jury’s verdict in sentencing is unconstitutional (based on racial discrimination)
à Need to prove that statute is made to be discriminatory
à Disproportional argument that black defendants get death penalty more often
à Claim that juries were normally discriminatory and the Baldus study shows a more likely they were discriminatory in his
à Cant ask jurors for their motives (public policy – jurors would be scared to vote one way if there was no secrecy
à No violation could not prove intentional discrimination
§ Strict scrutiny basis
o Requires a showing that the legislature enacted the particular statute “because of” not merely “in spite of” an anticipated racially discriminatory effect
State v. Russell
§ Rational basis standard
o A legitimate purpose for the challenged legislation AND
o that it was reasonable for the lawmakers to believe that use of the challenged classification would promote that purpose
à statute distinguishes sentencing for crack and cocaine
à Blacks normally use crack, Whites use cocaine
à Legislature has problem backing up justification for distinction
à Distinction is not relevant to purpose
à All evidence was antedotal
Supremacy Clause
Oregon v. Ashcroft
§ Federalism – States rights and federal laws
o Federal law trumps a conflicting state law
§ Euthanasia statute
§ State lawmakers, not the federal government, are the primary regulators of medical conduct
§ Ashcroft did not have authorization or power to do what he tried to do
§ This directive interferes with Oregon’s right to regulate medical care
§ Invalid and will not be enforced
