Criminal Law Master Outline
I. Introduction and Overview
a. Regina v. Dudley
i. “The way of the sea” case of cannibalism
ii. Extreme hunger does not excuse larceny, and it does not excuse murder. Temptation is no excuse.
1. Variations- What if the boy had consented?
a. You cannot consent to a criminal act. You have to look at not just the boys interest, but everyone’s.
iii. Lessons from Dudley
1. Purpose (Of criminal law as well)
a. It is engaged in regulating social conduct, in representing the interest of not just the boy, but of a broader purpose. It is also a way of altering social norms and getting rid of the social norms that are not wanted anymore “the law of the sea”
a. Legislative- Makes it criminal by forbidding some kind of conduct
i. Common Law
ii. State Statute
iii. MPC- Model Penal Code
b. Commission- Someone commits the Crime
e. Grand Jury Indictment
f. Pre-trial- Evidentiary Motions
j. Habeas Corpus
II. Chapter Two (pp. 95-104)
a. What is Punishment
i. The societal practice of intentionally inflicting suffering on certain individuals
1. It may consist of fines, probation, shaming, prison, death, treatment. More contemporary forms are house arrest, community service, restitution, physical labor and deportation.
d. Qualitatively different- CS, Treatment
2. Conviction itself also has an effect
a. Social Stigma
b. Barrier to future employment
c. Enhanced punishment for future convictions
ii. Gresham M. Sykes
1. “The Society of Captives”
a. He felt that imprisonment had many effects
i. Deprivation of goods and services
ii. Deprivation of relationships
iii. Deprivation of Security
b. Why Punish?- Theories of Punishment
i. Retribution- Looks backwards- People should be punished because they deserve.
1. Purpose is revenge and victim justification
2. Necessary Condition
a. Crime committed
b. Person who did it is guilty
3. Don’t punish innocent people- Must be guilty.
a. Hatred is no good
b. You don’t want to bring out the worst in people
ii. Utilitarian- Looks Forward- The justification lies in the useful purpose punishment serves.
1. Improve the offender- Helps to return him to normal society
2. Good for Society-If we can turn people around, it makes us all safer
ii. Underlying Assumptions
1. Must believe in change and the system
2. Change is possible
2. How do you know if a person is truly rehabbed?
3. Moore- We might do more for the criminal than they would do for themselves
1. Specific- Deter the person who committed the crime
2. General- Deter society
ii. Underlying Assumptions
1. You have to believe that people can be rational.
1. Innocent people are used as an example to deter people
iv. Sufficient Condition
1. Even if a person is necessary guilty, it is okay to punish an innocent man to deter others.
a. Baby with tooth ache.
has already been punished enough?
d. State v. Chaney
i. Chaney raped and beat a woman after he picked her up (Prostitute)
1. Actual-3 years
2. Possible- 45 years
iii. Judge apportioned the crime between the two of them, claiming that she was partially to blame for getting into the car.
1. Deterrence-This sentence fails for deterrence because it would not deter Chaney or other young men
2. Retributive- This punishment does not fit the crime.
a. Maybe because the judge thought that she wasn’t as blameworthy because she willingly got into the car.
v. Alternative Sanctions
1. Shaming-Shaming might produce results beyond those of the courts control. It also might have collateral attacks on innocent people. (the nursing home employee’s)
e. U.S. v. Jackson
i. In prison for robbery and 30 minutes after he was released he robbed the same bank again.
1. Actual- Life in Prison
2. Possible- Anything over 15 years
iii. Factors to weigh
1. He is nonviolent
2. Robbery is a young mans crime and he could have a lesser sentence and get out at a older age
3. Comparison- Why should Jackson get a longer sentence than Chaney.
1. Incapacitation-Does it make sense to keep him in prison for life for deterrence purposes? NO
2. Deterrence- This is not going to deter him. It is only justified if it you are gaining some added thing past the cost of imprisonment- here you are not.
3. Retribution- Does the punishment fit the crime?
a. Vengeance- Expresses the hatred by the society of the crime. We are really going to show him this time.