I. INTRODUCTION
A. CRIME
i. Crime is any social harm defined and made punishable by law.
B. THEORIES OF PUNISHMENT
i. UTILITARIANISM by Bentham: punishment is justified as long as it results in more happiness than harm to the society. If the punishment cause more harm than benefit to the society, the punishment is eliminated or minimized even if it is deserved. This theory looks forward; what is going to be the best for the society.
a) Deterrence
a. Specific deterrence: is to deter the specific delinquent. If a man perceives that he will suffer pain as the consequence of his criminal act, he will withdraw from the commission of that criminal act.
b. General deterrence: is to deter all members of the community. The punishment suffered by the offender presents to everyone one example of what he himself will have to suffer if he is guilty of the same offense.
b) Incapacitation: society may protect itself from persons deemed dangerous because of their past criminal conduct by isolating these persons from society. If the criminal is imprisoned or executed, he cannot commit further crimes against society.
c) Rehabilitation: by giving the convicted criminal an appropriate treatment in order to rehabilitate him and return him to society so reformed that he will not desire or need to commit further crimes.
ii. RETRIBUTIVISM – Kant: punishment is imposed by society on criminals in order to obtain revenge, or perhaps because it is only fitting and just that one who has caused harm to others should himself suffer for it. Punishment is justified when it is deserved. (a just deserts). This theory looks backward and sees what the criminal has done and punishes accordingly.
C. PROPORTIONALITY OF THE PUNISHMENT: The punishment must be proportional to the crime committed. In Coker case, the court held that a sentence of death is grossly disproportionate and excessive punishment for the crime of rape because even though rape deserves serious punishment, it does not involve the death or even the serious injuries to another person (even though it can be accompanied by another crime). The death penalty must be reserved for the crime of murder only.
Utilitarianism will agree with this because it is not the best for the society to impose death penalty for rape.
Retributivism will agree with this because the penalty is disproportionate.
D. Crime Classifications
i. Felonies: those offenses w/ possible pena
igh risk of death or serious bodily injury
a. Bank: D shot toward a moving train. The court held that the D acted with reckless disregard.
b. Edwards: While driving drunk, D killed a cob. The court held that D acted with reckless disregard of a very high risk of death or serious bodily injury because he knew or should have known that such conduct would be dangerous.
c. Public Policy: a reckless behavior that kills an innocent person won’t be tolerated.
d) Intent to commit a felony: death caused during commission or attempt to commit any felony.
B. Manslaughter: is unlawful killing of another without malice.
i. Voluntary Manslaughter (VM): VM is a killing with intent to kill, intent to cause serious bodily injury, or with depraved heart, but there are mitigating factors that precludes that the killing was malicious. It’s an intentional killing of another under mitigating circumstances. (It does not justify or excuse the killing)
Actus Reus: killing of another
