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CAPSULE SUMMARY

CAPSULE SUMMARY


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.

Chapter 1 SOME BASIC ISSUES IN CRIMINAL LAW

I. A BRIEF INTRODUCTION TO CRIMINAL LAW

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:

  • a felony is a serious crime that is punishable by at least one year in a state prison; and
  • a misdemeanor is a lesser crime for which the maximum penalty is either: (a) incarceration for less than a year, typically in a city or county jail rather than in a state prison; or (b) a fine or (c) both.

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:

  • Most importantly, the utilitarians stress “general deterrence.” That is, if D commits a crime, we should punish D mainly in order to convince the general community to avoid criminal conduct in the future.
  • Next, the utilitarians seek “specific deterrence” (sometimes called “individual deterrence”). That is, if D commits a crime, we should punish D to deter her from committing additional crimes in the future.
  • Lastly, the utilitarians stress “rehabilitation.” That is, the criminal justice system should try to prevent D from committing further crimes not by causing him to fear the pain of further punishment in the future but by educating him or otherwise “reforming” him.

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.

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