New Recording 40

Decision Making in Criminal Behavior

• Choice vs. Determinism

  • Decision-making comes with risks, including arrest and accountability.

  • Rehabilitation must be part of the conversation about crime.

• Determinism

  • Views crime as influenced by forces beyond an individual's control.

  • Rather than culpability, it suggests punishment for societal institutions responsible.

Society and Accountability

• Shift of Responsibility

  • Increasingly, individuals blame external factors for their actions.

  • Examples include:

    • Mental health services failing to assist.

    • Lack of support from social services or education systems.

  • This trend decreases personal responsibility for individual choices.

Law Enforcement and Social Responsibility

• Police Enforcement

  • Claims of over-enforcement by police leading to wrongful arrests are prevalent.

  • Lack of ownership of personal actions leads to societal issues.

• Community Impact

  • Students are encouraged to think critically about their future roles in community and justice.

  • The evolution of laws will depend on active participation in societal discourse.

Rehabilitation and Crime Definition

• Rehabilitation Concerns

  • Rehabilitation is critiqued as an unproven theory, potentially misclassifying offenders as needing treatment rather than punishment.

• Stigmatization of Crime

  • Labeling behaviors as crimes can lead to lasting punishments and societal rejection.

  • The need for a societal consensus on what constitutes a crime is emphasized.

• Societal Choice

  • The next generation must choose between strict adherence to laws or leniency that may accept wrongful acts as legitimate expressions.

Evolution of Criminal Justice

• Cyclical Nature

  • Criminal justice principles have evolved over two centuries.

  • The discourse around punishment justifications changes over time:

    • 1960s: Rehabilitation was the focus.

    • 1980s: Retribution and incapacitation gained support for stricter punishments.

Legal Presumptions and Burden of Proof

• Presumption of Innocence

  • Each accused individual is presumed innocent until proven guilty.

  • The prosecution bears the burden of proof, which is the highest standard in law: beyond a reasonable doubt.

• Standard of Proof Differences

  • Criminal trials require a unanimous verdict (generally 12 jurors).

  • Civil cases require a different standard: preponderance of evidence, needing only 5 out of 6 jurors to agree.

Defense Strategies in Criminal Law

• Affirmative Defenses

  • Defendants can claim self-defense, mental incapacity, or duress.

  • These defenses require evidence, shifting the burden to the defendant to prove validity.

• Common Defense Types

  • "Failure of Proof Theory" is the most typical defense where prosecution's shortcomings are highlighted.

Trials in Criminal Law

• Types of Trials

  • Jury Trials: Most common form involving a group of jurors deciding on guilt.

  • Bench Trials: Conducted before a judge; rare due to lack of jury involvement.

Corpus Delicti

• Definition in Criminal Law

  • Refers to the essential elements that constitute a crime.

  • The substance or elemental nature of a crime must be proven to establish that a crime occurred.

Case Law and Legal Precedents

• Case Law Importance

  • Understanding and analyzing prior rulings shapes current and future legal arguments.

  • The principle of stare decisis ensures stability and predictability in the law.

• Appellate Courts

  • Only convicted defendants have the right to appeal; the government cannot appeal acquittals.

Constitutional Constraints in Criminal Law

• Bill of Rights

  • Establishes limits on federal power and ensures rights for individuals.

  • Principle of legality: "No law, no crime, no crime, no punishment" is crucial in understanding criminal law.

• Ex Post Facto Laws

  • Laws cannot be made retroactive, criminalizing actions already taken.

Proportionality and Sentencing

• Proportionality Principle

  • Originally applied to capital cases, it increasingly influences all sentencing reviews.

  • Ensures that punishments are just and align with the crime committed.

Role of Juries in Sentencing

• Jury's Function

  • Juries determine guilt or innocence but traditionally do not decide sentencing.

  • Exception: In capital cases, juries must participate in sentencing decisions.