Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
32 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
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
|
