Criminal Law Outline - University of Michigan.DOCVIP

Criminal Law Outline -Criminal law is almost always involuntary (for the defendant); it is about societal norms. It is the state imposing its will upon individuals (one-sided). Functions of Criminal Law 1. Determination of public norms statement of them (But, whose norms do these reflect – race, class issues) 2. Instructs the Public – on how to act according to these norms; People are expected to know the law. 3. Prohibits – types of behavior 4. Prevents Harm – but, hard to determine what “harm” is (e.g. gay sex) 5. Protect Public Interests/Social Values – e.g. life, bodily integrity, property, protect the state. 6. To Condemn – stigmatize 7. Differentiate between serious minor offenses 8. To Administer Just (Equal) Punishment – Criminal law is there to keep judges from punishing arbitrarily (e.g. based on race, class). Also, principle that nobody should be punished unless there is fair warning that an activity is prohibited. * * * * * Basic Principles of Criminal Law – from Wayne LaFave 1. Conduct, to be criminal, must consist of something more than a mere state of mind. 2. Some sort of bad state of mind is required as well. (Mens Rea) 3. Physical conduct mental state must concur, and…one should not be convicted for causing a greater or different harm than is reflected in his mental state. (w/exceptions) 4. Only harmful conduct should be made criminal. 5. The conduct must be the proximate cause of the result. 6. A person who has engaged in criminal conduct may only be subjected to the legally prescribed punishment. 7. Conduct is not criminal unless forbidden by law which gives advance warning that such conduct is criminal. (Principle of Legality) * * * * * Theories of Punishment 1. Utilitarianism – (Jeremy Bentham) The purpose of all laws is to maximize the happiness of society. Utilitarians stress general deterrence (punishment intended to deter the general community) Specific (or individual) deterrence is an alternative utilitarian goal. Criticism: (1