Select Page

Criminal Law
University of Dayton School of Law
Shaw, Lori E.


5 Functions of Punishment

Retribution- “just desserts”- giving someone what they deserve. “eye for an eye” approach

(a) necessary to prevent vigilantism-wronged party wont take it into his own hands to punish the wrongdoer
(b) makes the law’s exceptions very clear
(c)separates society from bad behavior

2. Deterrence- Specific Deterrence- Aimed at the specific criminal
General Deterrence- Aimed at society at large

Incapacitation- Removing the criminal from society so as to place them in confinement in order to incapacitate them from committing further offenses. Also takes away “tools of the trade” i.e. crack houses

Rehabilitation- Trying to help people by taking them into custody. Mainly i.e. drug cases

Denunciation- Shaming i.e. party plates, sex-offenders

Burden of proof

-Burden of production that Def. has an affirmative defense is on Def.

-Burden of persuasion that (beyond a reasonable doubt) Defendant acted culpably on all elements of the crime is on prosecution; burden of persuasion that defendant has an affirmative defense is on Def, but state still has to prove it.

Statutory Interpretation
pp 91-148

Textualist way-a pure textualist says that it is the legislature’s responsibility to change the statute.
-Stick with the text the way it is written, they look at when it was written and get a dictionary from that time in some cases. (Letter of the Law)

Intentionalist way- (spirit of the law) What was the intention of the legislation?

Dynamic Statutory Way- Focuses on the needs and goals of society today. They look at the text and intention and add them in with today’s society stuff.

-If the text is unambiguous there is no need to go any further.

-Detail is the key to how much weight they give to the text. W/out a lot of detail they have some room to breathe and go on to look at the legislative intent.

Key r

during Hypnosis or resulting from hypnotic suggestion
(d) A bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual.

Vicarious Liability- Controversial practice of imposing criminal punishment on one based on the acts of another


Omission-rare instance when a failure to act results in a crime

4 Situations where someone must legally act pp.186

Where a statute imposes a duty to care for another
When one stands in certain status relationship to another
Where one assumes contractual duty to care for another
Where one has voluntarily assumed care and so secluded the person whereas they cannot be cared for by anyone else

Modal Penal Code—Omission pp. 187