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Crim. Law 2-3
Transcript of Crim. Law 2-3
Queen v. Dudley and Stephens
Dudley, Stephens, Brooks and Parker are stranded on a boat. Dudley and Stephens turn on Parker. After Parker's death, all 3 eat his remains. Dudley and Stephens are convicted of murder.
Is necessity a defense to homicide?
Why is this in the book?
Question #1 on pg 50.
U.S. v. Gementera
FACTS: Repeat offender received the following sentence for stealing mail
2 to 8 months incarceration
3 years supervised release
100 hours community service which included among other things holding a sign that says "I stole mail. This is my punisment"
People deserve the punishment
Assign punishment on a proportional basis
Justification lies in the useful purposes of punishment
Issue: Does this sentence violate the Sentence Reform Act?
ROL: Reasonably related to the crime
no greater deprivation than necessary
afford adequate deterrence
protect public from future crimes
help the D
D's arguments : This is humiliation and and not reasonably related to rehabilitation
Court: Comprehensive set of punishments that allows the D the opportunity to seek forgiveness and a contribution to society
Is the Digital Scarlet Letter constitutional?
How would the dissent in
address the Digital Scarlet Letter?
Ewing v. CA
FACTS: D convicted of stealing 3 golf clubs. D had priors and thus was sentenced to 25 years to life
ISSUE: Does the 8th Amendment prohibit CA's 3 strike's law?
COURT: Sentence justified by the state's interest in incapacitating and deterring recidivist felons
DISSENT: Real issue look at the time
Why is this case in the book?
Question #1 on pg. 90