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32 Cards in this Set

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Felony Murder
PRO: 1) Brakes crimes are inherently dangerous. Hence murder is forseeable.
2) Consistant & predictable verdicts - easy to implement.
3) Deters felons from carrying weapons.
4) Easier to prosecute b/c mens rea is imported from underlying crime.
5) Felons should be liable for snowball effect of crime (promixate cause)
6) If you can't prove which accomplice did it, all will pay, instead of none
CON: 1) Intent for murder is invented as a legal fiction.
2) Juries may not convict b/c of disporportionality/harshness.
3) Value as deterrent is doubtful (Felons may be unaware of charge's existance)
4) Unfair to punish felon's bad luck
5) Accidental killing shouldn't be the same as intentional killings.
6 Pro, 5 Con
Judging by Objective Standard (i.e., people who are uneducated/ignorant/stupid are not held to lower standard)
PRO: 1) Stupidity requires a higher standard of care.
2) Maintains a uniform system
CON: 1) Penalizes stupidity and cultural heritage
2) Penalizes those who lack ability to conform
P 2 C 2
Strict Liability
PRO: 1) not punishing direct injury to person or property but danger of it
2) Protects larger class of people (product/drug liabilty)
3) Puts burden of care on responsible party, not on general, unexpert populace.
4) penalty is small (expection: stat rape)
5) convictions does no great damage to reputation
6) Possible injustice of convicting an innocent drug co is lesser than the possiblity of exposing consumers to dangerous drugs
CON: 1) Doesn't exclude accident-prone people
2) No demonstrated culpability (mens rea), not even negligence
6 Pro 2 Con
Convicting a Company limited to Conduct authorized by a High Managerial Agent
PRO: 1) To bind a Co, the conduct must be their policy, under the law
2) Deterrent to Co
3) Won't punish Co for acts of low-ranking employees
4) "recklessness" element allows punishment for crime overtly but tacitly approved (solves problem of proving co's authorization
CON (shouldn't be limited): 1) High officals know what's going on anyway
2) Confusing standard (how high is high enough)
3) High levels can coerce low-levels ad insulate Co
4) If the Co. puts someone in a postition to conduct illegal activity, it IS the Co's policy
5) If Co. $ is used, you can assume Co policy
4 Pro, 5 Con
Criminal Sanctions for Corporations
PRO: 1) Negative PR for Co
2) AD Can accomplish what poor V. can't in civil ct.
3) Specific & General deterrent
4) W/o, Co's would use a cost/benefit analysis for crime.
5) Encourages supervision snooping
6) Encourages executive responsibility
7) Ethical duty of Co to provide safe products
CON: 1)Problem of reasonable doubt standard (harder than in civil ct)
2) Shareholders wold be hurt- no knowledge of day-to-day mgmt
3) Can sue in Tort. Civil suits ay have same effect against co's.
4) May be unfair to stigmatize co in long run
5) Could hurt lots of jobs
6) There are already rules for saftey procedures, crim law shouldn't add more
7 Pro, 6 Con
Criminalizing Adult Sexual Conduct
PRO: 1) without shared ideas in politics, morals and ethics can't exist
2) Immoral acts should not be tolerated
3) Lead to moral discipline
CON: 1) Personal autonomy in private life
2) Conduct doesn't harm secular interests of society
3) Can have diergent moralites and live in peace
4) Unlikely people will change sex behavior b/c of laws
5) Arbitrary police power and prosecutorial discretion
6) Hard to detect conduct
7) Otherwise law-abiding citizens are rebels
8) Widespread knowledge that law is being violated.
3 Pro, 8 Con
Criminization of Gratuitious Cruelty to Animals
PRO 1) Serial killers often torture animals when younger
2) Corrept public morals & create disregard for life in general
3) Animals cannot protect themselves, so society should
4) Torture for sport or amusement is gratutious
CON: 1) If animal belongs to creul person, could inpinge on Prop. rights
2) Animal testing for sake of humans can also be cruel, but good
3) Boiling lobsters alive?
4) Can't violate 1st Amend (religious sacrifice)
5) Where do you draw the line (fish/cat/turtle)
4 pro, 5 con
Federal Sentending Guidelines
PRO 1) Safeguard against excessive, dispro. or arbitrary sentences
2) More consistant sentences
3) Harsher penalties & no probation
4) Greater deterrance
CON: 1) May be inconsistant
2) Can be oerly rigid and prevent appropriate individualization of sentences
3) No probation
4) Some Judges don't like it
4 Pro 4 COn
Selective Incapacity
PRO: 1) small # of criminals make up large # of cases
2) retribution - requires taking prior record more seriously
3) punish career & repeat criminals
4) restraint - getting worst criminals off the streets
CON: 1) Sentences shouldn;t depend on jail space
2) Courts would be clogged w/o plea bargains or parole
3) Prisons would be harder to mangage b/c the worst criminals together at once
4) Punishes people for crimes for which they have already been punished
3 pro 4 con
Mistake of Fact Defense
PRO: 1) Not to have it would punish ignorance
2) If Def is honest, there is no mens rea
3) Individualized consideration
CON 1) Encourages lying
2) Everyone will want one
3) Don't want to encourage ignorance
3 p 3 C
Premeditation as Consideration for Murder Charge
PRO: 1) Def had time to think about decision to kill
2) Intent is clear
3) Premediated murder is more likely to succeed
4) Person is more dangerous
5) Deterrance
CON: 1) Premed is found whereever there is concious purpose to kill anyway
2) No reason to differentiate based on how elaborate the decision to kill was.
3) Prior reflect may be Hamlet-like, not exceptional depravity
4) Suddeness of killing may simply reveal callousness that no hesitation is needed
5) Premed is hard to define or prove
6) Result is the same: V is dead.
5P 6C
Provocation as Mitigating Factor
PRO: 1. Takes into account the victim's blameworthiness
2. Takes basic human frailities into account
3. Mitigates, not excuses
CON: 1) V's immoral conduct dies make him or her any less deserving of life
2) Reasonable people don't kill no matter what
3) Misplaced sympathy for perp.
3P 3C
Strict Penalties for Burglary
PRO: 1) Deterrent b/c difficult to prove intent in B.
2) Guard is down @ home
3) Inherantly dangerous crime
4) hard to summon help/escape at home
5) King of castle
5 Pro, 0 Con
RICO
1) Each substantive crime makes it easier to commit the next
2) Seperate criminal acts are aimed at providing capital
3) Aimed @ career criminals
4) Activity poses more of a threat to society
5) Successful enterprise promotes fear in public (neg. goodwill)
6) Activity is more dangerous b/c of predictability of one another's actions
7) DA doesn't have to prove predicate acts before tacking on longer sentances
CON: 1) DA doesn't have to prove predicate acts before tacking on longer sentances
2) Denied due process b/c prosecution for mere association, knowledge or status (unconsitutional?)
7 Pro, 2 Con
Contempt Charge if one doesn't testify
PRO: 1) Need more than a threat, must be an immediate threat of Physical force
2) criminals would walk otherwise
3) Witness can get police protection
4) Discourages Def from threating witnesse, b/c it would do no good
5) Hard to tell if witness lying
6) Witness has no bargaining chip (Consideration) b/c existing duty to testify
CON: 1) Punishing someone who didn't commit the crime
2) Imminence req. not logical (threat is immenent only if they testify)
3) WPP proram sucks
6 Pro, 3 Con
Conspiracy
PRO: 1) more likely to reach unseen people
2) get people contribution the muscle AND brains
3) deterrent
4) diffifuclt to catch participants otherwise
5) groups more likely to carry plans through (egg each other on) and succeed.
CON: 1) punishing thoughts
2) lose individualized consideration
5 Pro, 2 Con
Disconnecting Feeding Tubes
PRO: 1) to end suffering
2) just as artificial as respiratior
3) Lawful omission (no duty to provide useless treatment) rather than active step.
4) no brain activity, so not really alive
CON: 1) starvation is painful
2) more certain death than removing respiratior, b/c V. might breathe on own
3) will speed death, so the fact that it is an omission doesn't matter
4 Pro, 3 Con
Needle Exchange Programs
PRO: 1) more imp. to prevent spread of AIDS than to stop drug use (irreversible & imminent)
2) stats show they work
3) innocent partners of drug users being put in danger
4) needles are being replaced, so same # in circulation
5) drug addiction affects one person, AIDS affects many
CON: 1) No immediacy
2) Promotes drug use
3) Should put users in rehab
4) Problem caused by recipients themselves
5) Legal alternatives
5 Pro, 5 Con
Lateral slide system (treatment, then time) for insane patients
PRO: 1) Based on retribution, Def got sentance legis. wanted
2) society is safer
3) jurors less leery of finding someone insane just to be set free
4) both punishment for the act & treatment
5) deters faking insanity
CON: 1) serving longe sentances than illness would warrant
2) Prinicple that we don't punishthe insane
3) May alter how doctors diagnose "cures", if patient is just gonna go to jail
5 P 3 C
Banning physician-assisted suicide
PRO:
5) Const. doesn't say anything ahout right to die. new rights bad
2) physician-aided suicide undermines medial profession
3) patients could be subject to undue influence
4) Paitent may just be depressed & not want to die
5) May come out of coma
6) could increase suicides if not outlawed
7)Form of murder
8) cheapens life
CON: 1) private area / gov't shouldn't interfere
2) Patient's life & their choice
3) Cost effective
4) Maintains dignity
5) Dr. has no duty when treatment proven ineffective
6) Patients interest in deciding how & where to die increase as he faces painful, undignified death
7) Let those on life support end the support
8 Pro, 6-7 con
Increased Punishment for Hate Crimes
PRO: 1) b/c of bias people are more likely to commit crimes, so there is a greater need for deterrence
2) Selection of V in this way is shocking to the conscience
3) Can lead to harmful retaliation
4) Assault and vandalism not protected by 1st Amd.
CON: 1) Punishes thought
2) Same crimes should have the same punishment
3) disparities in punishment may give rise to resentment & be more socially divisive
4) Prosecuters would tend to see bias everywhere
4 Pro, 4 Con
Loitering
PRO: 1) Picketing and Protesting are exceptions to ordinance
2) Returns public places to law-abiding citizens
3) Officals can take into account attempts to leave
4) Adds factor of why officer thought arrest was appropriate
5) Only can be arrested in loitering for no apparent purpose
CON: 1) penalizes inent to cause alarm
2) Too vague - can apply to anyone in street
3) discriminatory implemtation - due process problems
4) Person can lie
5) Officer has to be satistifed with explanation
5 pro, 5 con
Retribution / Revenge, Justice
PRO: 1) Crime is not trivialized
2) Discourage self-help & vigilantes
CON: 1) State imiates criminal
2) Not satisfactory to victim
2 pro, 2 con
Rehabilitation
PRO: 1) Programs and educatiopn reduce recurrance of crime
2) Cost effective in long run
CON: 1) Doesn't always work (repeat offenders, compulsives)
2) sends a weak message about crime
3) costly - short run
2 pro, 3 con
Federal "Mandatory" Sentancing Guidelines
PRO: 1) Judges are objective, not biased, when used
2) Judges can individualize on a case-by-case basis
CON: 1) Outcome shouldn't rest one one person's judgement
2 P, 1 C
Mistake of law defense
PRO: 1) No mens rea
2) Can't expect people to know all laws
CON: 1) Easy to fake, encourages lying
2) Encourages Ignorance
2 p 2 c
Death Penalty
PRO: 1) automatic appelate review
2) bifurcated process (trial & sentencing): inadmissable evidence may be considered at sentencing
3) cost
4) Deterrence
5) EIGHTH Amd, allows it by name
6) FORESEEABLE: act was delibrate with reasonably foreseeable death
7) GOOD for votes / Society likes it
8) may be more HUMANE than life in prison
9) Decreases repeat/INCORRIGIBLE offenders
10) JUST retribution
11) prevents self-help & vigil revenge KILLINGS
CON: 1) Discriminatory implementation
2) State shouldn't sanction death if also prohibits it
3) mistaken ID
4) Expense of trials
5) Def is prolly poor with bad lawyer
6) Sanctity of life
7) maybe no such thing as painless execution
11 Pro, 7 Con
Mandatory Death Penalty
PRO 1) Uniformity
CON: 1) Doesn't give sufficent guidance to jury
2) Jury may accquit rather than convict
3) not individualized
4) some lifers are non-violent
5) Mitigating circumstances
1 Pro, 5 Con
Liability for Attempt after Abandonment
PRO: 1) Gets rid of possible excuses
2) Deters people from doing crime at all
3) More objective: Instead of trying to tell what someone was really thinking - look at circumstances
CON: 1) if change of heart sincere, repeat of crime unlikely
2) Could spur people to completion
3) way of grading behavior
4) No means rea after change of heart
3 pro, 4 con
Attempt
PRO: 1) Punishes intent
2) Deterrence
3) Doesn't allow repentance as defense
4) lesser sentance than actual crime
CON: 1) Punishment should be for harm done
2) Society's resentment is greater than even a completed crime.
4 Pro, 2 con
Intoxication Defense
pro: Drunkeness negates mens rea
CON: 1) Deterrence for drunkeness
2) Puts people who can't control themselves away
3) Voluntarily getting drunk should incur responsibility for consequences
1 pro, 3 con
Liability of Adults leaving loaded guns where easily accessable
PRO: 1) Guns are inherently dangerous
2) Educational method of parenting
3) deterrence
CON: 1) guns need to be accessible to protect home
2) Cars can also be dangerous
3) May acquire guns from other sources
4)hard to define 'easily accessible'
5) Limited PR limited effectivness
6) Other laws covering this (crim negli)
3 Pro, 6 Con