Friday, October 10, 2014

Dudley and Stephens case brief

Dudley and Stephens case brief
1. Theories of Punishment  

Prisoners (Dudley, Stephens, Brooks) were cast away, and Dudley with the assent of Stephens (Brooks did not agree) killed the boy (Richard Parker) to feed themselves.

The court passed sentence of death upon the prisoners
Co:Rule of clemency
Necessity defense, 

(2) Notes and Questions What is a crime?
- What distinguished a criminal from a civil sanction and all that distinguished it is the judgment of community condemnation which accompanies and justifies its imposition.

(3) Theories of Punishment (DRIER)
A. Deterrence: individuals will not commit crimes for fear of suffering the same punishment that a current D has suffered (general deterrence), and that this D will avoid future crimes because he too fears additional punishment (specific deterrence) – utilitarian theory
Rehabilitation: idea that society has an obligation to punish an individual in a way that makes him a better person and a better citizen tomorrow. It encompasses a belief that individuals with free will are capable of changing and contributing to society positively. (reform of the individual) – utilitarian theory
Isolation: referred to as incapacitation
Retribution: look to the past rather than the future. Individual gets what he deserves.
When using retributive theories, what the D deserves turns on a combination of 1) the
wrongfulness of the act, 2) the degree of harm
caused, and 3) the
mental state at the time of the offense. (HMW) 

(4) Notes and Questions A. Race and Gender
B. Tort v. Crime: Tort law can serve individual retributive needs, criminal law serves society’s retributive needs. Tort law addressed primarily harms to individuals while criminal law addresses harms to the people as a whole. 

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