This Capsule Summary is intended for review at the end of the semester. Reading it is not a substitute for mastering the material in the main outline. Numbers in brackets refer to the pages in the main outline where the topic is discussed. The order of topics is occasionally somewhat different from that in the main outline.
A. Felonies vs. misdemeanors: Modern criminal statutes typically divide crimes into two broad categories: felonies and misdemeanors. [1] A good general rule, at least for state as opposed to federal crimes, is that:
B. Theories of punishment: There are two main philosophies about what the purpose of criminal law should be, often labeled “utilitarianism” and “retributivism ” [2]
1. Utilitarianism: The basic concept of utilitarianism is that society should try to maximize the net happiness of people – “the greatest good for the greatest number.” Utilitarians cite the following as the narrow objectives that a system of criminal law and punishment should try to achieve:
2. Retributivism: Retributivists, on the other hand, believe that the principal – maybe even the sole—purpose of the criminal law should be to punish the morally culpable.