Intro to American Law Quiz 3

Theories of punishment

• Utilitarian

• Retributivist

Utilitarian

Punishing criminals benefits society. Punishment achieves this through deterrence, and criminal law can achieve this through several means: rehabilitation, incapacitation, denunciation.

Retributivist

Criminals are punished because they deserve it. Retribution through the criminal law is not vengeance but Justice. Any sort of deterrent must be just.

Criminal act (actus reus)

The act must be voluntary and the criminality refers to he harm that ensues from the act. Criminal punishments are exacted because the criminal has done something wrong in a moral sense.

State of Mind (mens rea)

The state of mind requirement is intention, not motive

• Purposely

  • Someone acts purposely when it is their “conscious object to engage in conduct of that nature or to cause such a result”

• Knowingly

  • Someone acts knowingly when they are “practically certain” that their conduct will cause a prohibited result, or that they are aware of the nature or circumstances of their conduct.

• Recklessly

  • Someone acts recklessly when they consciously disregard a substantial and unjustifiable risk

• Negligently

  • Someone acts negligently when they act without care.

Inchoate crimes

• Attempt

  • The Model Penal Code punishes an attempt if the defendant has committed an act that is “a substantial step in a course of conduct planned to culminate in his commission of the crime” if they substantial step is “strongly corroborative of the actor’s criminal purpose.”

• Solicitation

  • This involves trying to get someone else to commit a crime

• Conspiracy

  • An agreement between two or more persons with the purpose of committing an unlawful act.

First-degree Murder

• Murder

  • any wrongful killings that are willful, deliberate, and premeditated. only first-degree murders are punishable by death.

Second-degree Murder

• Murder

  • intentional killings without premeditation and deliberation or extremely reckless murder. Felony Murder rule defines death cause in the course of committing a felony such as robbery as murder, and these are typically considered second degree murders.

Manslaughter

• Involuntary

  • unintentional killing that results from criminal negligence or the commission of a lower level criminal act

• Voluntary

  • killing under the heat of passion caused by sufficient provocation

Preliminary Hearing

the first independent review of the charges by a judge, who will determine whether probable cause exists that the defendant committed the crime charged

Grand Jury

only in felony cases, a grand jury decides whether there is sufficient evidence to indict the defendant

Information

when a grand jury review has not occurred, the prosecutor files a document known as an information, which lays out the charges against the defendant

4th Amendment

guarantees the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrent shall issue, but upon probable cause.”

5th Amendment

“No person… shall be compelled to be a witness against himself” - thus granting the privilege against self-incrimination

6th Amendment

“the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed… to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”

8th Amendment

“excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Gideon v. Wainwright

Facts: Gideon was arrested - requests legal counsel - request was denied

Question: does the 6th amendment apply to the states?

Issues: Betts v. Brady

Decision: Unanimous. 9-0. Justice Hugo Black writes Majority opinion. Justice Harlem & Justice Clark write concurring.

Miranda v. Arizona

Facts: Miranda was arrested + interrogated for about 2 hours, confessed, AZ Sup. CT upholds his conviction

Issues/Questions: Do police officers have to inform suspects of their Const. rights during interrogations?

Decision: 5-4 decision in favor of Miranda. Justice Warren writes Majority opinion. Justices Clark, Harlan, White dissented.

Rehabilitation

Punishment can reduce future crime by changing individuals. Law and punishment are focused on the criminal, not the crime.

Incapacitation

Punishment can reduce crime by locking away individuals in prison where they cannot commit more crimes.

Denunciation

Punishment can reduce crime by reinforcing people’s views of the wrongfulness of criminal behavior. It strengthens the public’s tendency to be law abiding.