PUNISHMENT ETC.
Name 3 of Bentham’s Five Rules to Ensure Proportional Punishmen
a. Punishment must not be less than is required to outweigh the potential profit of committing the offense
b. Punishment must be of greater expense for greater mischief
c. Punishment must induce a person to always choose the least harmful of the offenses
d. Punishment must induce the offender to do no more mischief than what is necessary for his purpose
e. Punishment must not be more than is necessary to bring it in to conformity with Rules 1 thru 4
Bonny threatens Clyde with death unless Clyde steals a car. Clyde steals the car and is charged with robbery. “Robbery” is defined as “taking another person’s property by force.” Has Clyde acted voluntarily within the meaning of the voluntary act requirement?
Yes, Voluntary means willed muscle contraction; volitional movement of the body
What is the definition of punishment?
When a government agent, through authority granted by virtue of a D’s criminal conviction, intentionally inflicts pain on D or otherwise causes D to suffer from some consequence that is ordinarily considered to be unpleasant.
As a utilitarian, you are tasked with determining the punishment for an individual. What is your reasoning for punishment?
The justification of a practice depends only on its consequences. The purpose of all laws is to maximize the net happiness of society.
Name 4 Involuntary Acts
a. Reflexive Actions
b. Spasms
c. Seizures/Convulsions
d. Movement while Unconscious or Asleep
What is the definition of punishment?
When a government agent, through authority granted by virtue of a D’s criminal conviction, intentionally inflicts pain on D or otherwise causes D to suffer from some consequence that is ordinarily considered to be unpleasant.
Jane was arrested for peaceful protesting against the new pipeline development in the state of Fonda on April 22, 1993. The state of Fonda enacted its first statute defining peaceful protesting as a criminal on May 22, 1993. As the judge hearing her case, should Jane still be punished?
No, a person may not be punished unless their conduct was defined as criminal before they acted
What is the Lenity Doctrine?
a. Judicial Interpretation of ambiguous statutes should be “biased in favor of the accused”
b. Tie-breaker if there are two or more equally reasonable interpretations of a statute
As a judge in the state of Anitahill, you are tasked with interpreting a criminal statute that is clear and unambiguous, how must you interpret it?
Give the statute plain/definitive meaning
What is the difference between malice and recklessness?
a. Malice
i. Intentionally or recklessly causing social harm
b. Recklessness
i. Being aware of and consciously disregarding the risk of causing the social harm
Mistake-of-Fact is exculpatory if:
a. If the mistake negates the mens rea
b. If the mistake was reasonable
i. Note: Never negates criminal liability for violating a strict liability offense (no mens rea to negate)
James is being tried for stealing from a convenience store. As a retributivist, should they be punished for their conduct
Yes, punishment is deserved when the wrongdoer freely chooses to violate the rules. A wrongdoer should be punished regardless of whether the punishment will result in the greater good.
Define Actus Reus?
Physical/external portion of the crime in three parts
i. Voluntary Act
ii. Causation
iii. Social Harm
As a judge in the state of Gsteinam, you are tasked with interpreting a criminal statute that is unclear and ambiguous, how must you interpret/construe the statute?
You must ascertain the intent of the Legislature
T/F as defined by the MPC, intentionally is the conscious object to engage in conduct…to cause such a result.
a. Double False
i. Intentionally is defined by Common Law
1. Desire/conscious object to cause the social harm; or
2. To act with knowledge that the social harm is virtually certain to occur as a result of conduct
ii. MPC defines purposefully as:
1. the conscious object to engage in conduct…to cause such a result.
iii. MPC defines knowingly as:
1. Awareness that conduct is practically certain to cause a specific result
Who each issues the indictment, the information and probable cause
Grand jury, prosecutor, judge -specificall
Michael is swimming at a local pond and begins to drown, Phelps who is the trained lifeguard nearby does not help Michael. Phelp’s lawyer argues there is not statute in Olympia stating a bystander is required to help someone drowning. How will Phelp’s prevail?
He will likely be convicted as he had a duty independent of a statute.
How does MPC define a voluntary act?
A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable.
As a utilitarian, who are the people most likely to be offenders?
Those who are most likely to be bad calculators or be indifferent to future consequences.
What are some of the factors that overcome the presumption against interpreting a statute as a Strict Liability statute?
a. •Statutory crime not derived from Common Law
b. Legislative policy would be undermined by mens rea requirement (seriousness of harm to public/public welfare offenses)/Difficulty of Prosecution if intent is required
c. Standard imposed by the statute is “reasonable” and “properly expected of a person”
d. Defendant’s opportunity to ascertain true facts
e. Penalty for violation is small (severity of punishment)
f. Conviction doesn’t “gravely besmirch” defendant
What are the four conditions of criminal law
a. People who are expected to follow the law, must know of (a) its existence and (b) its content
b. People must know the facts/circumstances
c. People must be able to comply with the law
d. People must be willing to comply with the law
Ruth is arrested for peacefully protesting against the destruction of a local forest. When she is tried, the court decides to sentence her to 3 years quoting the statute “any person protesting in the state of Ginsberg are subject to a sentencing of 3 years.” Was this the correct decision based on this statute:
In the state of Ginsberg, individuals conducting only violent protests are subject to a sentencing of 3 year
No, Under the Due Process Clause (5th & 14th Amendment) Courts cannot create an offense by enlarging a statute
DAILY DOUBLE: Mens Rea means Guilty Mind and has broad “culpability” meaning and narrow “elemental” meaning. Define each meaning
a. Culpability:
i. General notion of moral blameworthiness/culpability
ii. No specific mental state
iii. Mere demonstration of bad character, malevolence, or immorality
b. Elemental
i. Particular mental state provided for in the definition of the offense/”elemental” meaning
You believe that the likelihood of punishment is more effective as a deterrent than the increase in severity of punishment. Are you a utilitarian or a retributivist
Utilitarian
What is the substantial factor test for causation?
Defendant’s conduct is a cause-in-fact of a prohibited result if the conduct was a “substantial factor” in bringing about the result