Show:
Theory
Act Requirement
Proportionality
Miscellaneous I
Miscellaneous II
100
This theory states that punishment should be proportionate to moral blameworthiness.
What is retributivism?
100
This case tells us that dangerousness is not enough to lock someone up, but civil confinement is not punishment.
What is Kansas v. Hendricks.
100
In Salem v. Helm the Supreme Court first weighed in on the proportionality of a non-capital offense, holding that this type of sentence for this crime was unconstitutional.
What is life without the possibility for parole, for writing a bad check with six priors.
100
This Justice wrote the concurrence in Ewing v. California.
Who is Scalia?
100
In Kennedy v. Louisiana, the Supreme Court held that imposing the death penalty for a non-homicide crime (e.g. the rape of an eight-year-old step-daughter) was _________.
Unconstitutional.
200
This theory states that punishment should achieve future social benefits, such as to deter the actor or general public.
What is utilitarianism?
200
Proctor v. State gives us this holding regarding whether lawfully owning property with the intent to sell liquor unlawfully constitutes a criminal act.
An unexecuted intent to do something amounts merely to a thought, and thoughts without action cannot be punished. The statute violated due process.
200
This 1980s case upheld a recidivist statute, giving great discretion to states to decide what punishment fits the crime.
What is Rumell.
200
State v. Casey (page 134) establishes what principle for possession?
Ownership alone is not enough without other proof. Guests retain dominion and control over their property. Need more than a mere unexercised ability to manipulate/control an object.
200
This constitutional provision prohibits excessive bail and excessive fines.
What is the 8th Amendment?
300
Define retributivism as a limiting principle.
No matter how useful it may be to society, we do not punish innocent people. Society is committed to retributivism with the core concept of justice: maximize social welfare by punishing the deserving. Additionally, this is a limitation on the state power, so society does not infringe on individual liberty without just cause.
300
Jones v. United States holds that an omission may fulfill the act requirement if one of these duties exists [name at least two of four].
What is (1) a statutory duty (e.g. nursing home care); (2) a status-based duty (e.g. parent); (3) a contractual duty (e.g. doctor-patient relationship); (4) voluntarily assumed the care of another and so secluded the helpless person as to prevent others from rendering aid.” Bonus question: “What are the other two sources of duty to act?
300
In Harmelin, the majority held that this is all that the 8th Amendment prohibits.
What is extreme sentences that are grossly disproportionate to the crime. Note: At this time, the 8th Amendment didn’t require strict proportionality. Scalia majority held that proportionality is nowhere in the constitution.
300
Given possession rules, why are Lane and Teemer upheld?
Momentary possession may be enough to constitute possession. Guns are different, because they can be immediately used and even transitory possession may be enough. What it means to possess depends on the object one is possessing.
300
The Supreme Court’s proportionality opinions consider these variables [list at least 3].
(1) Type of sentence (length, with or without parole, death penalty); (2) type of offense (homicide vs. non-homicide); (3) characteristics of offender (juvenile vs. adult); (4) characteristics of victim (crime against person (juvenile vs. adult) vs. crime against non-persons); (5) Recidivism (first offense, second offense, six priors, etc.).
400
Name and define two additional theories of punishment.
1) Social contract theory: We all engage in a social contract in which we receive the benefits and institutions of a free society and democracy. People who break laws receive an unfair advantage over others, and we punish to establish equilibrium. 2) Expressive theory: Sanctions have social significance and symbolism to the rest of the public. Criminal law expresses our views as a society. 3) Educative theories: We punish because it is character building to promote the offender’s reclamation of his moral personhood.
400
These two elements make up constructive possession.
What are (1) effective power over the thing possessed and (2) the intention to control it.
400
This 2010 case held that life without parole for a non-homicide offense is unconstitutional for this type of offender.
What is Graham v. Florida and juvenile (<18yo) offenders?
400
What is Scalia’s reason for concurring in Ewing?
Proportionality is a retributive concept and has been incorrectly read into the Eighth Amendment, which was traditionally limited to types of punishment. Courts should not be choosing and/or endorsing penological theories.
400
What is the significance of the Miller v. Alabama decision?
Emphasizes the expansion of Eighth Amendment jurisprudence. Automatic LWOP for juveniles is unconstitutional; need individualized discretion and sentencing.
500
This utilitarian asserts that punishment should lead to the greatest happiness and least pain for the greatest number of people.
Who is Bentham?
500
Why do we require an act? Why not punish thought? Give three reasons.
1) Positivist: Whether a given norm is legally valid depends on its source rather than its merits. The constitution and jurisprudence don’t allow it, because we are limiting state power. 2) Pragmatic: Evidentiary proxy, it is hard to prove intent without actions. 3) Utilitarian/Retributivist: Want to ensure the defendant is the cause of the harm, so that we punish the blameworthy. 4) Libertarian: Protection of autonomy - coercive power of government should only be used to punish people for what they do (not who they are).
500
This 2003 case gave us this holding regarding a 3-strikes law.
What is Ewing v. California, which held that a 25-years-to-life sentence for the theft of golf clubs was constitutional.
500
The dissent in Maldonado deemed these two things necessary for a defendant to “possess” drugs.
Right or authority.
500
What is the Model Penal Code counterpart to Jones v. United States?
2.01(3): Liability for the commission of an offense may not be based on an omission unaccompanied by action unless: (a) the omission is expressly made sufficient by the law defining the offenses, or (b) a duty to perform the omitted act is otherwise imposed by law.