Punishment Theories and Ethics

Utilitarianism

• Justified by the useful purpose of punishment
• Good of punishment outweighs bad
• Considers the value of pleasure and pain, its intensity, duration, certainty, and proximity
• Should be used to exclude greater harm
• Requires efficacy to prevent harm
• Punishment should be cost-effective, needed, and in prevention of greater harm
• Beneficial consequences include general deterrence, individual deterrence, incapacitation, and reform

Retributivism

• Justification based on "an eye for an eye"
• Positive retributivism: punish only those who deserve it, proportionate to crime
• Negative retributivism: utilitarianism answers general justification, retributivism answers distributive
• Punish only if it reduces crime
• Promotes a world with less crime
• Punishments as a way to affirm the victim's worth

Punishment Theories

• 8th Amendment: Prevents excessive bail, fines, and cruel/unusual punishments
• Graham v. Florida: Life without parole for juveniles is unconstitutional
• Coker v. Georgia: Limits the imposition of the death penalty; reserved for the most severe cases, only for offenses causing actual harm or death
• Ewing v. California: Judicial sentencing guidelines look at factors including: crime severity, criminal history, and offender behavior. Deterrence and incapacitation are legitimate sentencing goals.
• Commonwealth v. Mochan: Criminalizing conduct outside formal statutes or common law is insufficient.

NOT THE CASE TODAY

• Presumption of Innocence: Defendant is innocent until proven guilty
• Proof of Guilt: Requires proof beyond reasonable doubt

Capital Punishment (Death Penalty)

• MPC 210.6: Death penalty sentencing is distinct from trial
• Measuring dignity: punishments should not needlessly inflict pain, proportionate to the severity of the crime
• Does not negate the inherent worth and dignity of every person
• Deterrent effect of death penalty is not evident

Actus Reus

• the physical or external part of a crime, the guilty act
• three components
  • Forbidden result (arson, battery, homicide)
  • Attendant circumstance (relevant circumstances)
  • Causation of forbidden result (social harm, causation)
  • Conduct (voluntary act/omission)

Mens Rea

• the culpable mental state of a person, the wrongful purpose
• Types
  • Purpose: conscious objective to act or cause a particular result
  • Knowledge: conscious awareness that the result is substantially certain to follow
  • Recklessness: conscious creation of a substantial and unjustifiable risk of which they ought to be aware
  • Negligence: failure to be aware of substantial and unjustifiable risk
• General/specific intent
• Willful blindness

Omission

• Failure to perform a legal duty that results in harm
• Different types of legal duties
  • Statute
  • Relationship statuses
  • Contract
  • Voluntary assumption of care
  • Creation of risk of harm

Justifications

• MPC and Common law justifications
• People v. Beardsley, Barber v. Superior Court

Causation

• Common law: Cause-in-fact is the actual cause of the crime
• "But-for" (harm would not have occurred but for the defendant's actions), "substantial factor" (multiple contributing factors lead to harm)
• Proximate cause: an intervening cause of some kind
• Various theories about when causation exists (intended consequence, omission, responsive vs. coincidental)

Intentional Homicide

• 1st Degree: Premeditated, deliberate act with intent to kill
• 2nd Degree: Unlawful killing with malice, but lacking premeditation
• Manslaughter: Killing without malice (heat of passion, extreme emotional disturbance)
  • Heat of Passion: Provocation must be adequate enough for the person to cause a reaction
  • Extreme Emotional Disturbance: A mental capacity condition or personal defect will alleviate some of the liability

Unintentional Homicide

• Felony Murder: Death during the commission or attempt of an inherently dangerous felony. Different approaches (agency vs. proximate cause).
• Abandoned and malignant heart: Unlawful killing with reckless disregard for human life
• Involuntary Manslaughter: Unlawful killing resulting from recklessness, gross negligence, or breach of duty

Rape Crimes

• Actus reus: sexual intercourse with force, threat of force, or without consent
• Mens rea: general intent (purpose, knowledge, recklessness, negligence)
• Consent
• Rape shield laws: prohibits evidence of prior sexual conduct to prove consent
• Statutory rape: sex with a minor who is incapable of consent

Inchoate Crimes

• Conspiracy: Agreement between two or more people to commit an unlawful act
• Solicitation: Asking, advising, or encouraging another to commit a crime
• Attempt: Act intended to commit a crime, taking a substantial step toward completion
• Accomplice Liability: Aiding and abetting in commission of a crime

Other Types of Liability

• Vicarious Liability: Employer may be liable for employee's crimes under specified circumstances
• Corporate Liability: Corporations can be held liable for criminal acts of agents acting within the scope of work
• Theft: Larceny (trespassory taking), larceny by false pretense, larceny by trick, embezzlement

Defenses

• Self-defense: Justification for using force when reasonably necessary in response to an imminent threat
• Necessity (choice of evils): Justification for committing a crime to prevent a greater harm
• Duress: Excuse for committing a crime under threat of imminent death or serious bodily injury