Intro to Criminal Law

Catresa G. Meyers, Esq.

Chapter One

Criminal Law
&
Punishment

What is a Crime?

Poisoned Cake

Spoiled Cake

Nasty Cake

Criminal Liability

Conduct that unjustifiably and

inexcusably inflicts or threatens
substantial harm to individual or
public interests

Why Do We Have Criminal Laws?

Social Control - societys response to

deviance from social norms.

Sources of Criminal Law

Common Law
State Criminal Codes
The Model Penal
Code
Municipal
Ordinances
Administrative
Agency Crimes

Punishment

Don Tollefson

Categories of Punishment

Retribution

Prevention

Retribution

Looks backward to the crime that has

already been committed and seeks to
punish the individual for that crime.
An eye for an eye

Prevention

Looks forward, inflicting pain not to punish

the crime itself, but to prevent future
crimes.

Three types of preventive punishments.

1.
2.
3.

Deterrence
Incapacitation
Rehabilitation

1. Deterrence
a. General Deterrence
Attempts to prevent the
general population, who
havent committed
crimes from doing so.
b. Special Deterrence
Attempts to keep an
already convicted
criminal from
committing future
crimes

Deterrence cont:
Hedonism
Enlightenment Age concept which
purports that people tend to seek pleasure
and avoid pain.

Hedonism (cont)
The Principle of Utility

states that in order for punishment to be effective, one

only need use enough pain to prevent the crime.

Minimum pain that will produce maximum crime reduction

2. Incapacitation

Restrains convicted offenders from

further crimes.

3. Rehabilitation

Based on medical model of criminal law.

Crime is a disease and criminals are sick.
Punishment should be to cure criminal
patients by treatment.

Rehabilitation (cont)
2 Assumptions

Forces outside of the offenders control cause

them to commit crimes.

Through the right therapy, experts can reform

offenders and change their behaviors, thereby
preventing future crimes.