CRJU 310A Study Guide - Midterm Guide: Model Penal Code, American Law Institute, Precedent
Document Summary
The conviction and punishment is a formal public condemnation backed up by weight of whole community"s moral judgment: stare decisis. Court decisions define the law: common law states. Just like england, but case decisions written for reference and citation. Common law traditions & definitions still essential to law in the united states: rational criminal law, the american law institute (ali) examines the existing law and created the model penal code, tries to address, applies four criteria: Characteristics **: pain or unpleasant consequences. Deserved pain had it coming to him/her. Punishments administered by the state **: prescribed by law, administered intentionally, administered by the state. Two basic purposes: retribution (punish the blameworthy, prevention (stop/deter future crime) General deterrence stopping the public and future crimes. Hurting the wicked is right for society. Assumes choice in conduct **: not the same or easy for all one living in gang banging negligence parent household does not have the same opportunities.
