Criminal Law—Spring 2008
Professor Patrick Brennan
Criminal Law and its Processes— Kadish, Shulhoffer, & Steiker
I. Introduction and the purposes of punishment
A. Regina v. Dudley and Stevens (Queen’s Bench 1884, P135)
1) Facts: Four men trapped on boat at sea w/ little food. Captain Dudley and his first mate Stevens decided to kill Parker the cabin boy and eat him to save the rest of them. Brooks did not assent. Dudley and Stevens charged w/ murder, but sentences to death are commuted to 6 mos.
2)
of offenses, sentencing, systemic issues and policy issues
B. Purposes of punishment:
1) Deterrence- general or specific; from Bentham’s theory of utilitarianism- humans driven by seeking pleasure and avoiding pain; also to channel human desire for revenge and prevent vigilante activity
a. Need equation where T
