Criminal Law Outline

THE CRIMINAL LAW OUTLINE:
I. Punishment
A. Theories of Punishment
1.      ^Prevention- to deter a repeat offense by giving offender an unpleasant experience.
2.      ^Restraint- Society protects itself by incapacitating the offender.
3.      *Rehabilitation- give the offender appropriate treatment and return him to society so reformed he will not commit further crimes.
4.      *Deterrence- general prevention for society
5.      *Education- publicity of the process educates the public as to the proper restrictions between good conduct and bad.
a.       Important to lesser known crimes to make them known.
6.      ^Retribution- eye for an eye.
 
*-Utilitarian punishments
^-Retributive punishments
 
– Punishment theories are moving away from the 1960s utilitarian, rehabilitate the offender approach towards retributive, punish the crime.
 
B. MPC 1.02(2) The General Purposes of the Provisions Governing the Sentencing and Treatment of Offenders
            1. To prevent the commission of offenses.
            2. To promote correction and rehabilitation.
            3. To prohibit excessive disproportionate or arbitrary punishment.
            4. To give fair warning.
5. To differentiate among offenders with a view to adjust individualization of their treatment.
6. To consolidate the bureaucracy of the criminal justice system.
7. To advance the use of generally accepted scientific methods and knowledge in the sentencing and treatment of offenders.
8. To integrate responsibility for administration of the corrective system.
 
C. Penal Theories in Action
Queen v. Dudley & Stephens- It is difficult to match punishment to the crime. There are morals and fairness issues and we may never be happy with certain outcomes.
 
U.S. v. Gementera- Sentencing cannot just serve to humiliate the offender without some other sentencing purpose in mind. You can not just humiliate for humiliations sake to teach a criminal a lesson.
 
D. ABA 18-2.1 Five Societal Purposes for Sentencing
1. Foster respect for the law and deter criminal conduct.
2. Incapacitate offenders.
3. Punish offenders.
4. Provide restitution or reparations to victims.
5. Rehabilitate offenders.
*Societal purposes for sentencing determined by legislation.
 
     ABA 18-2.2 Sanctions
            1. Compliance programs- Promote future compliance with law. Ex: Probation.
            2. Economic Sanctions- “ “ Ex: Fines
            3. Acknowledgement- “ “ Ex: Community Service, a public confession.
            4. Intermittent Confinement- “ “ Ex: Weekend Confinement, Work release.
            5. Total Confinement- “ “ Ex: Actual jail time.
* Legislature should be open to new sanctions.
 
     ABA 18-2.4
1. Sentences should be consistent with rational civilized humane values. When sentencing, consider the gravity of offense: punishment should fit the crime.
 
     ABA 18-2.6
1. Individualization of sentences. Laws should give flexibility to the courts in sentencing.
 
II. Modern Role of Criminal Statutes
   A. Principle of Legality: seeks to set boundaries of judicial authority (C/L)
            1. Legality Principle- condemns judicial crime creation
2. Void for vagueness- Legislature can’t make a statue so vague that it violates due process.
3. Rule of Strict Construction- When a statute is so unclear in relation to a crime, ∆ should receive benefit of doubt. A narrow interpretation of statute’s meaning.
Keeler v. Superior Court, 1972, Superior Crt of Cal.- Viable fetus not a human being because of statutes original writers common law influence. The court interpreted the meaning of human being by looking at the common law and reasoned that human being meant the same thing in 1972 as it did at the statute’s inception in 1872. Cannot have unforeseeable enlargement of statute-Judge cannot make ruling that would make an unforeseeable enlargement of what constitutes a crime. What is unforeseeable?
 
Ex Post Facto- makes an action performed prior to the passing of the law, and which was not a crime when done, criminal and punishes such action. 1.05(1)
 
 B. MPC 1.02(3) Fair Important Clause   TCA 39-11-104
1. Provisions of the code should be construed according to the fair import of their terms.
            ** Determining Factors of Fair Import
a.       Title of the statute
b.      Legislative intent (most important, these other factors help to determine leg. intent)
                        c. Historical Application
                        d. Legislative history
                        e. Common Law application
                        f. Case precedent/prior judicial interpretation
                        g. text of the statute
                        h. Conduct it was attempting to prohibit
C. MPC 1.05(1)    TCA 39-11-102
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