CRIMINAL LAW SUMMER 2011 TA SESSION NOTES Chapter 1 Punishment and Its Rationales

TRADITIONAL RATIONALES (WHY PUNISH?) Retribution Rehabilitation Deterrence General Specific Incapacitation

MODES OF PUNISHMENT (HOW TO PUNISH?) Imprisonment Supervised Release (parole and probation) Fine Forfeiture Special Assessment Restitution Death Alternative Punishments

PROPORTIONALITY (HOW MUCH TO PUNISH?) Statutory Maximum Judicial Discretion Sentencing Guidelines Departures Recidivist Statutes 8 th Amendment Prohibition of Cruel and Unusual Punishments

COLLATERAL EFFECTS OF PUNISHMENT Occurs as a result of a conviction Public Sanctions Jury Service Disqualification Registration of Sex Offenders Firearm Possession ineligibility Private Sanctions and Civil Liability Loss of License Subject to punitive

ROLE OF THE VICTIMS Special Assessment Crime Victims Fund Education and information Fund Victim Impact Statements Restorative Justice Restitution Victim’s Rights Act

WHAT IS PUNISHMENT? KANSAS V. HENDRICKS Quick Facts: Sex offender nearing release from institution but due to the new act he was remanded to the treatment facility. Rules: Double Jeopardy Ex Post Facto Act is not punitive. No violation of Double Jeopardy and Ex Post Facto Clauses

WHAT IS PUNISHMENT? Punishment Retribution Deterrence Rehabilitation Incapacitation (punitive or non-punitive) Sanction/Penalty Fine (criminal or civil) Forfeiture (criminal or civil and property or right) Measure Cure or improvement (treatment) Protection and safety (detention)

NATURE OF CRIME (WHAT TO PUNISH?) MPC 1.04 Offense Traffic Infraction Violation Petty Offense Misdemeanor Felony Non-capital Capital crime

WHAT IS PUNISHABLE? MPC 1.05 Conduct must be defined a crime/violation under a code or statute Crimes found at all levels of government International Federal government States Counties Cities Villages

TIME LIMITATIONS MPC 1.06 Time Limit on when a prosecution must be commenced. Murder – no time limitation Other Crimes – designated by statute Crime committed when ever element occurs or conduct plainly prohibited (strict liability).