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General Criminal Law Principles: Principles of Punishment General Criminal Law Principles: Principles of Punishment

General Criminal Law Principles: Principles of Punishment - PowerPoint Presentation

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General Criminal Law Principles: Principles of Punishment - PPT Presentation

Keyed to Ellen S Podgor Peter Henning Andrew E Taslitz and Alfredo Garcia Criminal Law Concepts and Practice Carolina Academic Press 2 nd 2009 Topics Discussed Difference between civil and criminal conduct ID: 141865

punishment criminal law individual criminal punishment individual law retribution trial deterrence civil evidence general theories conduct society difference page

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Slide1

General Criminal Law Principles: Principles of Punishment

Keyed to

Ellen S.

Podgor

, Peter Henning, Andrew E.

Taslitz, and Alfredo Garcia., Criminal Law: Concepts and Practice (Carolina Academic Press

2

nd

2009).Slide2

Topics Discussed

Difference between civil and criminal conduct

Theories of punishment

Process of criminal prosecution

The Basis for Appeal Slide3

What is the difference between civil and criminal conduct?

Unlike civil conduct, criminal

conduct,

if shown to have

occurred,

will incur a formal and solemn pronouncement of the

moral condemnation

of the community.

Civil tort law and criminal law have

different purposes

.

Tort →

individua

l retributive

needs, economic efficiency, moral needs for compensation/reciprocity

resulting in damages or

injunctions

Criminal law →

society’s

retributive

needs, general and specific deterrence, education, rehabilitation, isolation;

addresses community’s sense (and reality) of safety of persons and property

→ resulting in incarceration, fines, probation, parole.

See page 7Slide4

Theories of Punishment

Criminal law and punishment serves these

sometimes competing, sometimes complementary, goals; a “theory” of punishment usually argues that only one of these goals should control or be primary:

Deterrence

Rehabilitation

Isolation

EducationRetribution (Pages 4-7)

Theories of Punishment:

crim law & punishment serves thesadde competing theories

(4)Slide5

Deterrence (Preventing future harm)

General Deterrence:

Specific Deterrence:

Individuals will not commit crimes for fear of suffering same punishment a current ∆ has suffered.

Individual ∆ who was punished will avoid future crimes because he or she too

fears

additional punishment. Slide6

Rehabilitation (Reform the individual)

To rehabilitate is to punish an individual in a way that makes her a better person and a better citizen tomorrow.

The foundation of this theory is that individuals with free will are capable of changing and contributing to society positively. Slide7

Isolation

This theory advocates isolating wrongdoers from law-abiding persons.

Also known as incapacitation.Slide8

Education

This theoretical viewpoint advocates that punishing wrongdoers educates the populace of what rules society considers most sacred and important. This

can also assist in

general

deterrence.

Educating the individual, however, is a form of rehabilitation. Slide9

Retribution

Generally

Communicative Retribution:

Under retribution, the goal is to ensure that the individual gets what he or she deserves.

There is a difference between vengeance and retribution.

Vengeance → individual retribution

Retribution → societal retribution

Right-deprivations help to define the fundamental equal worth of all human beings. When someone denies another a right, they are treating that other person as if they are worth less, thus a society wants to send a signal that the society values the individual as

equal

to all others.

Communicative retribution

also looks

to groups that may suffer

stigma (harm to perceptions of group worth)

from individual crimes, for example, racial or ethnic or religious groups.

Page 6Slide10

The Process of Criminal Prosecution

Investigation

Charge

Pre-trial Motion

Trial

Plea Bargain

Jury Instruction

Motion for a Judgment of Acquittal

Appeal

Sentencing

Post Conviction Relief Slide11

See page 49 Slide12

Preliminary Arraignment

After arrest, defendants are entitled to a prompt (usually within 48 hours) preliminary arraignment at which:

The judge decides whether the facts alleged on the face of the complaint, if true, provide probable cause to proceed to trial on each of the charges

Bail is set

Counsel is appointed for the indigent

A trial date (for misdemeanors) or

prel

. Hrg. (for felonies) is setSlide13
Slide14
Slide15
Slide16

The Basis for an Appeal

The ∆ convicted of a crime must demonstrate a legal error in the trial or pre-trial

procedure,

which is usually based on:

Insufficient Evidence

When the government fails to present sufficient evidence of the ∆’s guilt.

Improper jury instruction

When the court gives an improper definition of the crime or interpretation of the statute.

Evidentiary challenges

When evidence is improperly admitted or the court excluded evidence relevant to the case.

Constitutional Challenge

When the statute, charges, jury instruction or pre-trial or trial procedure deprived the ∆ if a constitutional right.