Long Outline
Saturday, February 28, 2009
6:03 PM
Chapter 1: Institutions and Processes
· The Process for Determining Guilt
· Proof Beyond a Reasonable Doubt
§ “We explicitly hold that the Due Process Clause protects the accused against convention except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged. ” (In Re Winship)
§ How should the judge instruct?
· Refuse to define it
· Cal. Penal Code § 1096; page 32
· “A need for a juror’s mind to be in a subjective state of near certitude.” Supreme Court definition
Chapter 2: The Justification of Punishment
· Why Punish?
· Utilitarianism – Punishment is only justified if it reduces the crime that would otherwise occur
§ Deterrence
· General Deterrence: Convince the general community to forgo that kind of criminal activity.
· Even given the option between two undesirable choices: individuals should rather die having done the moral, legal thing than die later having committed a ‘crime’. (Dudley and Stephen-shipwrecked so you eat the boy)
· Specific/Individual Deterrence: Deter the specific individual from committing crimes in the future.
§ Rehabilitation
· Prevent D from committing future crimes not through fear of future imprisonment (specific deterrence) but by educating and reforming him.
§ Incapacitation
· Individual will be incapacitated and therefore prohibited from committing any more crimes.
· Retributivism – The morally culpable should be punished
§ Modified Retributivism
§ It demonstrates society’s disapproval and increases society’s cohesion
§ Encourage others to comply to the rules of law when others don’t and they don’t gain a benefit
Chapter 3: Defining Criminal Conduct-The Elements of Just Punishment
· Culpability
· Actus Reus-Culpable Conduct
§ Every crime requires a voluntary act
§ Often Defined in the Negative:
§ Voluntary Act Requirement is NOT meant with:
1.
punish someone for something he’s licensed to do?
· If you have enough control to do other, than it’s voluntary even though it’s under duress
3. Failures to act, omissions
· Failing to act only serves as an act if it’s in violation of a legal duty (Jones)
· Legal Duty to Rescue Arises out of (As defined in Jones)
· Statute
· Contracts
· Though prosecution would need to show willfulness and knowledge of danger
· Some Status Relationships that give rise to a duty to rescue
· Parent to Child
· Spouse to spouse
· Master to apprentice
· Ship’s master to crew and passengers
· Innkeeper to inebriated customer
· Voluntary assumption of aid and then seclusion
· Additional Duties may arise out of
· Mutual Dependence
· Two mountain climbers (joint-ventures)
