CCJS230 Study Guide Criminal Liability Not all behavior that is wrong is criminal behavior Criminal liability should be imposed only if the wrong was a crime Criminal liability is reserved for behavior that unjustifiably and inexcusably Torts an example of non criminal wrong Torts are private actions against a private citizen a corporation or another private citizen person bringing the action is called plaintiff Person being sued is the defendant Jury Judge will determine if the defendant is responsible guilty or not guilty If person is found responsible the remedy will be monetary general damages punitive damages Often have the same names as crimes and can be very similar state people of the state brings the action against a criminal defendant If defendant is found guilty then he or she is blameworthy and worth of societal condemnation If guilty then the defendant can be punished by death incarceration fines guilt though must be found beyond a reasonable doubt Classification of Crimes Mala in se crimes behavior that is inherently wrong or evil Mala prohibita offenses are behaviors that are criminal only because there is a statute or ordinance that says it is Felonies crimes punishable by death or confinement for a specific period of time or more usually one year and fine Misdemeanors crimes that are punishable by a fine and or confinement in local jail generally up to one year General Part of Criminal Law The general principles that apply to more than one crime Complicity Accomplices Accessories Inchoate Offenses Attempt Conspiracy Solicitation Defines specific crimes and arranges them into groups according to Special Part of Criminal Law subject matter Categories of Crimes Crimes o Crimes against persons o Crimes against property o Crimes against public order o Crimes against the state Sources of Criminal Law Codes Model Penal Code MPC o ALI o Final version 1962 o Followed by most but not all states o No state has adopted MPC in its entirety o Common denominator of American Criminal Law Common Law Municipal Ordinances Federal System 50 autonomous and independent states each has own code Washington D C own criminal code Federal Criminal Law U S Codes Thus 52 criminal codes within the U S States have broad law making authority Federal government has limited law making authority only crimes related to national interest Administrative Crimes Case Law Judicial criminal law making facto o Judicial activism challenges Stare decisis and precedent o Issue of retroactive law making NOT a violation of ex post Punishment defined inflicting pain or other unpleasant consequence on Criminal Punishment another person Criminal Punishment criteria Inflict pain or other unpleasant consequence Prescribe a punishment in the same law defining the crime Must be administered intentionally State must administer them Incarceration quantity of punishment doesn t tell us much about the three aspects of punishment definition purposes limits Rates of Incarceration Number of prisoners per 100 000 people U S Is the leader of incarceration Unequal representation of gender age race in prison population Purposes of Criminal Punishment Retribution Punishment justifies itself pain of punishment pays for offenders crimes Eye for an eye Looks to past crimes and punishes individuals because it is right to hurt them Punishment Benefits criminals o Pay back society by accepting responsibility through punishment Assumes free will individual autonomy Accords with human nature to hate wrongdoers Rests upon two philosophical foundations culpability and justice Prevention Pain of punishment brings greater good of reducing future crime Punishment looks forward and inflicts pain to prevent future crimes Four Types of prevention o General Deterrence o Special Deterrence o Incapacitation o Rehabilitation Criticisms of Retribution Difficult to translate abstract justice into concrete penalties Retaliation is NOT part of human nature in civilized society barbaric Free will justification is undermined forces beyond human control determine individual behavior Vast majority of crimes don t require culpability to qualify for criminal punishment Crimes without moral turpitude Crimes against public order and morals Unintentional homicides General Deterrence Punish the offender to make an example of them and thereby deter others from committing future crimes Jeremy Bentham deterrence theory Rationalism individuals maximize pleasure and minimize pain Humans won t commit crimes if o Pain of punishment outweighs o Pleasure gained from committing crime Hedonism if prospective criminals fear future punishment more than they derive pleasure they won t commit crime Deterrence Theory Principle of Utility Rational Human beings won t commit crimes if they know the pain of punishment outweighs the pleasure gained from committing crimes Least amount of pain needed to deter the crime should be permitted Criticisms of Deterrence Theory Emotionalism surrounding punishment impairs objectivity Prescribed penalties rest on faith Rational free will that is underlying deterrence theory does not exist complex forces within human organism and external environment influence behavior Behavior is too unpredictable to reduce the mechanistic formula Threats of punishment don t affect all crimes or criminals equally Deterrence is unjust because it punishes for sake of example Punishments should not be a sacrifice to the common good Punishing convicted offenders to deter THEM from committing any more Special Specific Deterrence crimes in the future Incapacitation to harm society at large Preventing future crime by making it physically impossible for the offender Incarceration locking people up so they cannot harm society Altering surgically or chemically an offender to make them incapable of committing their crime Executing a person Criticisms Incarceration shifts criminality from outside prison to inside prison Violent offenders continue offending in prison property offenders continue also ex trading contraband Incarceration is generally temporary Rehabilitation as Prevention Rehabilitation is preventing crime by changing the personality of the offender so that he will conform to the dictate of law Herbert Packer Medical Model of Criminal Law crime is disease offenders are sick Purpose of punishment is to treat criminals Incarceration is rehabilitation length depends on how long it takes to cure the offender Assumptions Determinism o Forces beyond offenders