theories of punishment

Criminal law governs infliction of punishment by the state, signaling condemnation of conduct by the state.

standard of proof

beyond a reasonable doubt

Likelihood of punishment vs deterrence

Likelihood of punishment is more influential than deterrence

modern trends

• Violent crime down 

• Imprisonment up

utilitarianism role of punishment

should only be applied to prevent future pain (reduce future crime)

(people chose if doing the crime is worth the risk of punishment)

Forms of utilitarianism/ purposes of punishment

• General deterrence = If people see others being punished, they will avoid committing similar crimes.

• Specific deterrence = After being punished, the defendant will not want to reoffend.

• Rehabilitation = Address underlying issues (education, addiction, behavior) to reduce future crime.

Retribution

• Eye for an eye → proportional 

• People have free will so when they chose to do wrong they should be punished, they owe a debt to society!

discretion

Mala in se: bad because it is bad

Mala prohibita: bad because we say its bad 

• Drunk driving and illegal drug use (new trend to criminalize)

proportionality of punishment standard

Legal standard= grossly disproportional 

• Usually these claims have no weight unless in death penalty cases

USE VOID FOR VAGUENESS TEST

void for vagueness test

Test: 

1. “fails to provide notice to ordinary person”

2.  “Encourages…discriminatoryenforcement”

• The point of the law is so people can educate themselves 

• Nash v united states 

• Gray v Kohl 

Constitutional law: Comments only on death penalty and imprisonment 

Death penalty not permitted for: 

• Rape 

• Felony murder

• Defendants who are intellectually disabled

• Defendants who are minors (<18).

sentencing factors

Always relevant 

• Deterrence 

• Retributive justice

Sometimes relevant 

• Victim impact statement 

• Age

• Letters from family and friends 

sentencing schemes

• Indeterminate sentencing 

• Guidelines regime

• Determinate sentencing 

• Mandatory sentences

  • Mandatory minimums

  • Three strike laws

Indeterminate Sentencing

A sentencing system where the judge gives a range (e.g., 5–15 years), and a parole board later decides the actual release date based on behavior and rehabilitation.

Guidelines Regime

A structured system (like federal sentencing guidelines) that gives judges a recommended sentencing range based on factors such as the crime and criminal history, but usually allows some discretion.

Determinate Sentencing

A system where the judge imposes a fixed sentence (e.g., exactly 10 years), with little or no parole discretion.

Mandatory Sentences

Laws that require judges to impose a specific sentence for certain crimes, removing judicial discretion entirely.

• mandatory minimums

• three strike laws

madatory minimums

A type of mandatory sentence that sets the lowest possible sentence a judge can give, but the judge may go higher.

three strike laws

Statutes that impose very harsh sentences (often life imprisonment) after a defendant’s third serious offense, regardless of the specific circumstances of that third crime.