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Criminal Law Class #2

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Thaddeus Hoffmeister

on 11 January 2016

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Transcript of Criminal Law Class #2

Criminal Law Class
#2 Theories of Punishment
Prof. Hoffmeister

Retributivists= punishment justified because D violated rules of society

Utilitarian= justification lies in the useful purposes of punishment
ISIS
http://abcnews.go.com/Nightline/video/us-officials-isis-social-media-recruit-30892920

Haven or Hell
Malum in se= a thing bad in itself
Malum prohibitum= a thing bad only because it is defined as illegal
Incapictation
Originally prison's sole purpose was to hold prisoners until trial or punishment.

Inmates not prevented from harming other inmates or committing crimes within the prison
Theories of Punishment
Utilitarian= deterrence

General Deterrence= Knowledge that punishment will follow crime deters people from committing crimes

Specific Deterrence= creates fear in the offender that if he repeats his act, he will punished again.

Incapacitation= prevent the offender from engaging in further criminal conduct

Rehabilitation= punished so that D can be trained to not commit crimes

Education= adjudicative process educates others


"With very few exceptions, officers as well as inmates inside Lorton Central denounce retribution"

Why is this?

The punishment shall be imposed on an offender in proportion to his offense
--murderer
--thief
--rapist

What changes must be made at Lorton to satisfy a retributivists?
General Deterrence
Did the inmates weigh the costs and benefits before committing a crime?

"There are guys here at Lorton who were conceived inside Lorton. That has to be the greatest tragedy of this place.

'When I come to Lorton, you are not going to beat up on me.' And I asked him, 'Well, why would you want to come to Lorton,?' And he said, 'Because my father's here.' It was was weird to have a child think that way.

Does General Deterrence work?
(a)Duty To report.—

Whoever, while engaged in providing an electronic communication service or a remote computing service to the public through a facility or means of interstate or foreign commerce, obtains actual knowledge of any terrorist activity, including the facts or circumstances described in subsection (c), shall, as soon as reasonably possible, provide to the appropriate authorities the facts or circumstances of the alleged terrorist activities.


"Specific deterrence fails miserably when prison becomes a refuge"
--People get too old
--Family
Acquisition of attitudes, values, habits and skills by which an "enlightened" criminal comes to value himself as a member of a society in which he can function productively and lawfully.
Vagueness= (1) must provide fair warning; and (2) no arbitrary and discriminatory enforcement

Overbreadth= law cannot sweep too broadly as to proscribe legitimate conduct

What is the rational for the prohibition on vague laws?
Question #3 on pg 109
Senate Bill 2372
Theories of Punishment
Retributivists
Specific Deterrence
Rehabilitation
Theories of Punishment
Retributivism= D punished simply because he deserves it.

satisifies society's need for revenge

punishment assigned on a propoportional basis

"grand pendulum momentum" pg 1149
Full transcript