Taylor-Thompson, Criminal Law, Fall 2011 INTRODUCTION Formula: (Actus reus + mens rea + circumstance + causation + result) defenses – element not actually necessary for every crime, but is a good broad framework Purposes of crim law: Maintain order and prevent future wrongs Indulge retributive impulses for past wrongs Address the problem that led to the crime Proscribe conduct according to and convey society’s notions of morality Prevent arbitrariness by giving notice of what people can and can’t do Crim law directed at: The criminal The public creates deterrence and educates on society’s values – The government shows the extent and limits of its power, and guides legislation – Gov’t can’t punish private acts that don’t harm society and that Lawrence v. Texas: punish a particular group Tension btwn protecting individual’s liberty and society’s liberty to be free from certain acts Why do we punish? Deterrence prevent future crime – General (keep others from committing the same crime) –ve: Assumes potential offenders will engage in C/B analysis in reality, – studies show Ds don’t trial they’ll get caught Assumes people know the law they’re breaking Subject to abuse punishing groups more likely to commit a crime – Some crimes are undeterrable, like crimes of passion Specific (keep the individual from doing it again) –ve: Won’t work if people go back to same structure that led them to crime Imprisoning doesn’t improve D’s ability not to commit a crime Punish D more severely if fits into demographic w/ higher crime rate Incapacitation take offender out of circulation – +ve: Makes no assumptions about human nature: commit crime go to jail Best solution for repeat offenders (unless are repeat b/c of structural issues) –ve: Above isn’t true we ARE assuming the criminal would commit more crime if – didn’t go to jail Also implies the assumption that those we imprison for longer are the most likely to commit future crimes Doesn’t address the cause of crime Another person might just take the criminal’s place Prisoner might learn how to be more effective criminal while in jail Problems w/ the prison system generally
Taylor-Thompson, Criminal Law, Fall 2011 INTRODUCTION Formula: (Actus reus + mens rea + circumstance + causation + result) – defenses element not actually necessary for every crime, but is a good broad framework Purposes of crim law: Maintain order and prevent future wrongs Indulge retributive impulses for past wrongs Address the problem that led to the crime Proscribe conduct according to and convey society’s notions of morality Prevent arbitrariness by giving notice of what people can and can’t do Crim law directed at: The criminal The public – creates deterrence and educates on society’s values The government – shows the extent and limits of its power, and guides legislation Lawrence v. Texas: Gov’t can’t punish private acts that don’t harm society and that punish a particular group Tension btwn protecting individual’s liberty and society’s liberty to be free from certain acts Why do we punish? Deterrence – prevent future crime General (keep others from committing the same crime) –ve: Assumes potential offenders will engage in C/B analysis – in reality, studies show Ds don’t they’ll get caught Assumes people know the law they’re breaking Subject to abuse – punishing groups more likely to commit a crime Some crimes are undeterrable, like crimes of passion Specific (keep the individual from doing it again) –ve: Won’t work if people go back to same structure that led them to crime Imprisoning doesn’t improve D’s ability not to commit a crime Punish D more severely if fits into demographic w/ higher crime rate Incapacitation – take offender out of circulation +ve: Makes no assumptions about human nature: commit crime go to jail Best solution for repeat offenders (unless are repeat b/c of structural issues) –ve: Above isn’t true – we ARE assuming the criminal would commit more crime if didn’t go to jail Also implies the assumption that those we imprison for longer are the most likely to commit future crimes Doesn’t address the cause of crime Another person might just take the criminal’s place Prisoner might learn how to be more effective criminal while in jail Problems w/ the prison system generally trial
Crim_outline_Taylor_Thompson_Fall_2011.docx