Criminal Law Unit 2

Deterrence Strategy

• People commit crimes because its easy - rational choice theory

• The punishment should match the severity of the crime

• Remove loopholes, like plea bargaining, and require prison time

supporting stat: In 1984, of 8.6 serious crimes committed, only 167,000 criminals were sent to prison.

Attacking Crime at its Roots

• Crime happens because of lack of education and economic inequality - strain theory

• Incarceration can be inefficient - less dangerous offenders should have alternatives/rehabilitation

supporting stat: The U.S. incarcerates 241.2 people per 100,000 people in comparison to West Germany who incarcerated 99.3 in the same sample number.

Targeting the Violent Few

• Some people don’t have the ability to see what is right and wrong

• Selective Incapacitation - longer sentences for recidivism and targeting juvenile

supporting stat: 7% of criminals are responsible for 70% of serious crimes.

SCOTUS 6 tools of Interpretation

Original Meaning:

1. The Words - what did it mean?

2. History - what did the framers intend?

3. Tradition - has the punishment been long used and excepted

Both:

4. Precedent (Stare Decisis) - what have other cases said?

Living Constitution

5. Purpose/Values - what does this say about dignity and fairness today?

6. Consequences - what will happen if this rule is in place?

City of Grants Pass v. Johnson (2024)

• Grant Pass, Oregon, wants to make it illegal for people to sleep in the park

• This disproportionally affects homeless people who have no other alternative

• Question: Does this law violate the 8th amendment?

• 6-3, No, because the 8th amendment concerns the punishment itself rather than the method of incarceration.

Ewing v. California (2003)

• Gary Ewing was caught stealing 3 golf clubs worth $400 from a Cali golf course

• Cali has a “three strikes” law that would constitute this as a felony and he would serve 25 years to life

• Question: Was the punishment cruel and unusual?

• 5-4, No, because Ewing has a history of criminal offenses and the Stat is concerned with its public safety regarding recidivist criminals

Ingraham v. Wright (1977)

• Children from Charles R. Drew Junior High School in Miami received corporal punishment, mostly paddle, from teachers

• Question: Did this violate the 8th and the 14th (Due Process) amendments

• 5-4, No, because the 8th amendment protects people who have committed crimes and the teachers practiced prudence and restraint before resorting to corporal punishment

Trop v. Dulles (1957)

• Army private Albert Trop was a naturally born U.S. citizen was disciplined while stationed in Morocco. He escaped and then turned himself in

• Charged with desertion and forced to do hard labor for 3 years, dishonorably discharged, and his citizenship revoked

• Question: Is revoking citizenship a violation of the 8th amendment?

• 5-4, Yes, citizenship is a fundamental right and not a license that can be revoked due to poor conduct, regardless of the severity.

Assault

attempt or threaten to hurt another person. Contact and injury are not required

Battery

Unlawful physical contact inflicted by one person onto another without consent. Defendant must have intended to cause bodily harm. Injury is not required.

Stalking

A person repeatedly follows or harasses another person and makes threats causing the victim to fear death or serious bodily injury

Sexual Assault

specific kind of assault where it includes rape or attempted rape, but includes variety of infractions such as verbal threats of a sexual nature or unwanted sexual contact either completed or attempted.

Rape

Sexual intercourse without consent (law recognizes rape and statutory rape). Aggravated rape is with a weapon or force to make the victim have intercourse with them.

Statutory Rape

Having sexual intercourse with someone under the legal age of consent.

• Consent is not an element of the crime

• It doesn’t matter if the victim lied about their age

“Rape Shield” laws

Defense cannot bring up victims sexual history or behavior

Non-criminal Homicide

The killing of one person by another but it is “excusable” and/or “justifiable”.

1st Degree murder

The killing of one person by another with malice (intent to kill or cause serious bodily harm) and the crime was premeditated.

2nd Degree murder

The killing of one person by another with malice (intent to kill or cause serious bodily harm) but the crime was not premeditated

Felony Murder

The killing of one person by another during the commission of another crime.

Voluntary Manslaughter

The killing of one person by another with malice (intent to kill or cause serious bodily harm) but with a good excuse. Meaning, the victim did something that would cause a reasonable person to loose self-control. Words are not enough so there can be no “cool down” period.

Involuntary Manslaughter

The killing of one person by another without malice, and done recklessly with no concern for human life.