Week One by F686qwY



Casebook, Pgs. 1-28
Criminal vs. Civil Law
   How does criminal law differ from civil
     Who institutes proceedings?
     What types of punishment?
     Is it a purely nominal distinction?
     What does Professor Hart say?
Proof Beyond Reasonable Doubt
   Note 1, pg. 10
     Do you agree with Justice Harlan?
     Do you agree with Blackstone?
   Note 4, pg. 12
     Which instruction is most pro-defense?
     Which is most favorable to prosecution?
     Which one makes the most sense?
Owens v. State
   If you were a juror in this case, would
   you have voted to convict?
   If you were a judge on the court of
   appeals, would you have affirmed?
   How does the juror’s role differ from
   the appellate judge’s role?
Jury Nullification
   What is jury nullification?
   If you were called for jury duty, would
   you consider nullification? Never?
   Sometimes? In what circumstances?
   Should judges inform juries of their
   power to nullify? Why or why not?
Theories of Punishment

Casebook, Pgs. 29-48
Justifications for Punishment
   What is the main difference between
   utilitarianism and retributivism?
   Utilitarian Justifications
Justifications (cont.)
   Retributive Theory
     Negative – Don’t punish innocent people
     Positive – Duty to punish guilty people
   Be prepared to discuss the following:
     Note 2, pg. 32 (sexual predators)
     Note 2, pg. 40 (Kant)
Model Penal Code
  Review MPC Sections 1.02(1) and
  Is the MPC retributivist, utilitarian, or
First Hypothetical
   Consider note 3 on page 37
   Can the sheriff’s action be justified on
   retributive grounds?
   Can the sheriff’s action be justified on
   utilitarian grounds?
   Is the utilitarian argument persuasive?
Second Hypothetical
   Consider note 3 on page 47
   Should Atkinson be punished?
   What would a utilitarian say?
   What would a retributivist say?
     Assaultive theory?
     Protective theory?
Incarceration Statistics
   Consider the statistics on pgs. 29-30
     What inferences can you draw about the
     reasons why people are punished in the
     U.S. today?
     Do you believe that incarceration is morally
     justified in most cases? Why or why not?
Penal Theories in Action

Casebook, Pgs. 48-66
Queen v. Dudley & Stephens
   Should Dudley and Stephens have been
   punished? Why or why not?
   Who should decide?
     The legislature?
     A judge?
     A jury?
People v. Du
   Be prepared to make a persuasive
   argument in favor of a long prison term
   Be prepared to make a persuasive
   argument in favor of probation, rather
   than prison
People v. Du (cont.).
   What factors should the judge consider
   in evaluating competing arguments?
     The interests of the victim’s family?
     The interests of the defendant?
     Broader societal interests?
   What would you do if you were the
   judge? Why?
Model Penal Code
  Review MPC Sections 1.04, 6.01, 6.06,
  6.08, and 6.12
  Does the MPC shed any light on the
  problem confronting the trial judge in
  People v. Du?
U.S. v. Gementera
   Are you persuaded by the majority that
   the punishment at issue was imposed
   for a legitimate purpose?
   Assuming that there was a legitimate
   purpose, was the specific punishment at
   issue reasonably related to that

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