Criminal Law exam study

Criminal = conduct that incurs a formal and solemn pronouncement of the moral condemnation of the community.

Common Law = After the Fact

Statutory Law = Proscriptive

The people the law addresses must:

- Know of its existence & relevant content
- Know about circumstances of fact that make its abstract terms apply to particular instances
- Be able to comply with it
- Be willing to comply with it

- Cost-benefit determination (some errors worse than others)
- Reduces the risk of error
- Commands the respect of citizens

English Common Law

in the past, the law was primarily judge made

evolved case by case, in response to cases, as common law did

as society advanced, made sense to have it done by elected body.

Changes focus of the law, and changes analysis.

- Legislature started to codify the law, from the common law.
- Piecemeal, sporadic, some Jurisdictions are better than other

- So, ALA took upon selves to draft model code.

- Successful, states codified criminal law.

- Punishment is an instrument to some other end

- purpose of all laws is to maximize the net happiness in society. Since punishment inflicts pain you can only do it if it’s offset by some greater gain. It’s forward looking, not looking at what the perpetrator did; it’s looking to see what future benefits it will bestow on society

decrease crime rates via deterrence or incapacitation

- belief that people who commit crime deserve to be punished.

- Not necessarily eye for an eye.

- Punishment is justified because the offender deserves it. Don’t need to show net benefit to society. Justified because the bad act deserves it. Not a means to an end.

- Believe that moral blameworthiness of the offender is sufficient justification for punishment. Don’t need to show that it benefits society.