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Criminal Law
Wayne State University Law School
Dillof, Anthony M.

Crim Law Outline:

Views of Punishment:
Ø      Why punishment at all?
o       Justify/legitimize criminal justice system
o       Helps determine what conduct is wrongful, who can be held accountable, and how much punishment is warranted
o       Provides intellectual basis for evaluating the fairness and coherence of our criminal laws
Ø      Utilitarianism
o       Purpose of the law is to maximize the happiness of society
o       Types
§         Act = Calculation of whether an act is justified on utilitarianism grounds
§         Rule = Determination of whether an act publicly announced as a rule of law that applies to an entire community would be justified
o       Pain in punishment is justifiable if/only if it’s expected to result in a reduction of the pain of crime that would otherwise occur

ndividual won’t commit crime because he fears punishment
·        Incapacitation: Criminal can’t commit crime because he’s in jail for X amount of time
·        Intimidation: Reminds D that if he returns to crime, he’ll get more pain (punishment)
§         General deterrence: D punished to keep the rest of society in line
§         Rehabilitation: Reform the wrongdoer instead of punishing him
Ø      Retributivisim
o       Punishing people based on what they deserve, irregardless of whether society as a whole will benefit.
o       D(desert) = f(h,R)
§         h = harm
§         R = responsibility (0