Criminal Law

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Retribution

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because they deserve it.
"just deserts theory
deserves the quantity or degree of punishment inflicted on them

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Deterrence

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economic theory
notion of reducing crime through the fear of punishment.
general and specific deterrence

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incapacitation

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seeks to reduce future crime, deprive the criminal of the ability or the opportunity to commit crime.

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rehabilitation

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seeks to prevent crime by changing criminals so they no longer desire to commit crime

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denunciation

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express public society's disapproval of blameworthy conduct

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restorative justice

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process of bringing together the individuals who have been affected by an offense and having them agree on how to repair the harm caused by the crime

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Proportionality of sentence

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1) the gravity of the offense and the harshness of the penalty
2) the sentences imposed on other criminals in the same jurisdiction
3) the sentences imposed for commission of the same crime in other jurisdiction

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Purpose

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a person acts purposely
-if the element is his Conscious Object to engage in conduct of that nature or to cause such a result and
-if the element involves the attendant circumstances, he is aware of the existence of such circumstances or he Believes or Hopes that they exist

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Knowingly

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- acts knowingly if the nature of his conduct or the attendant circumstances, he is Aware that his conduct is of that nature or that such circumstances exist and
- result of his conduct, he is aware that it is Practically Certain that his conduct will cause such a result

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Recklessly

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- Consciously Disregards a Substantial and Unjustifiable risk that the material element exists or will result form his conduct. the risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct the Circumstances Were Known to Him, its disregard involves a Gross Deviation from the Standard of Care that a law abiding person would observe in the actor's situation

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Negligently

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person Should Be Aware of a Substanital and Unjustifiable risk that the material element exist or will result from his conduct. the risk must be of such a nature and degree that the actor's Failure to Perceive It , considering the nature and purpose of his conduct, involves a Gross Deviation from teh standard of care that the Reasonable person would observe in his situation

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Mistake of Fact- Model Penal Code

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ignorance or mistake as to a matter of fact or law is a defense if:
- the ignorance or mistake negatives the purpose, knowledge, belief, recklessness, or negligence required to establish a material element of the offense. or
- the law provides that the state of mind established by such ignorance or mistake constitutes a defense

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Willful blindness - Model Penal Code

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when knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person is aware of a high probability of its existence, unless he actually believes it does not exists

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Intoxication - Model Penal Code

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intoxication of the actor is not a defense unless it negatives an element of the offense
- when recklessness establishes an element of the offense, if the actor, due to self induced intoxication, is unaware of a risk of which he would have been aware had he been sober, such unawareness is immaterial

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Murder - Model Penal Code

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Criminal homicide constitues murder when: it is committed purposely or knowingly or
it is committed recklessly under circumstances manifesting extreme indifference to the value of human life. such recklessness and indifference are presumed if the actor is engaged or is an accomplice in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery rape or deviate sexual interocourse by force or threat of force, arson , burglary kidnapping or felonious escape
- murder is a felony of the firs degree but a person convicted of murder may be sentence to death