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CCJS230 Study GuideCriminal 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 inexcusablyTorts, 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 similarCrimes- “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 doubtClassification of Crimes- Mala in se crimes: behavior that is inherently wrong or evil- Mala prohibita: offenses are behaviors that are criminal only because there isa 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- Special Part of Criminal Law:- Defines specific crimes and arranges them into groups according to subject matter- Categories of Crimeso Crimes against personso Crimes against propertyo Crimes against public ordero Crimes against the stateSources of Criminal Law- Codes- Model Penal Code (MPC)o ALIo Final version 1962o Followed by most, but not all stateso No state has adopted MPC in its entiretyo 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 makingo Issue of retroactive law making (NOT a violation of ex post facto)o Judicial activism challenges- Stare decisis and precedentCriminal Punishment- Punishment defined: inflicting pain or other unpleasant consequence on 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 populationPurposes 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 criminalso 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 preventiono General Deterrenceo Special Deterrenceo Incapacitationo RehabilitationCriticisms 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 homicidesGeneral 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 outweighso 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 permittedCriticisms 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 goodSpecial (Specific) Deterrence- Punishing convicted offenders to deter THEM from committing any more crimes in the futureIncapacitation- Preventing future crime by making it physically impossible for the offender to harm society at large- 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 temporaryRehabilitation 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


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