Casebriefs » Intro. to Criminal Law

Exam Question for Criminal Law Section

admin — Thu, 03 Sep 2009 18:24:32 +0000

Alice and Bill Smith were jointly convicted of bigamy.

In the information filed against the Smiths, the State charged that Alice had married Bill at a time when she was lawfully married to a man who is still alive.

At trial the Smiths sought to introduce evidence (1) that Alice’s lawful husband had remarried; (2) that the justice of the peace who married Alice and Bill had advised them since Alice’s husband had remarried, Alice also had the right to remarry; (3) that Alice and Bill both relied on the advice of the justice of the peace in good faith, believing it to be an accurate statement of the law; and (4) that a lawyer who they had retained, Ralph Recklyss, had assured them that they could lawfully marry one another. The court held that all of the proffered evidence was inadmissible.

The Structure of Crimes

admin — Thu, 03 Sep 2009 18:22:18 +0000

Law students are frequently surprised with modern Criminal Law case books. Often, they have had a semester of Torts or are taking Torts along side Criminal Law in their first year. In Torts, students initially learn elements of various causes of action. Thus, they may first study intentional torts, like assault (intentionally putting another in fear of an imminent battery), battery (an intentional unauthorized harmful or offensive touching of another) and the like. Most Criminal Law texts do not follow a similar pattern.

Students often expect Criminal Law to introduce them to the elements of major crimes that emerged at common law. For example, one might expect to learn definitions of crimes like burglary, murder, rape, robbery and theft. Indeed, that was the predominate approach to criminal law prior to the late 1960’s and early 1970’s.

In the 1950’s, the American Law Institute began one of its most widely acclaimed projects, the effort to develop a Model Penal Code. By comparison to the typical project pursued by the ALI, Criminal Law did not lend itself to a Restatement. Torts is the subject of a Restatement (now a third Restatement). The ALI has been able to find relative coherence in tort law around the country that has allowed it to identify the black letter law of Torts. The Criminal Law needed a fresh start.

Why Do We Punish and Whom Should We Punish?

admin — Thu, 03 Sep 2009 18:01:36 +0000

Editors of modern Criminal Law case books are virtually unanimous in how they organize text material. Case books begin with an overview of the criminal justice system, including topics like burden of proof at trial, the presumption of innocence, and similar procedural concerns. That material provides helpful background to first year law students. After an introduction to criminal justice, most texts turn to the topic of punishment. That is, editors explore why we punish and whom we punish.

Texts vary in how they present the material. Some offer a summary of different philosophical justifications for punishment. Others provide excerpts from prominent scholars and philosophers. But typically, all lay out the typical justifications for punishment, including retribution, deterrence (specific and general), and rehabilitation, among others.