CRIMINAL LAWLecture 8/26

Recap: Retributive- we punish you bc you deserve it, looks backward Utilitarian- require that benefit of punishment outweigh the harm that its done, looks

forward Can have a hybrid of these

THE QUEEN V. DUDLEY AND STEPHENS Boy- 17-18 yrs old Dudley, Stephens, Brooks, and boy 7/5: on yacht-day 4: catch turtle, lasts till day 12-day 18: talk about sacrificing someone to save the rest

*talk about drawing lots, decide no*talk about the boy, Brooks dissents*boy more weak bc he drank more sea water

-day 25: murder of boy*Dudley and Stephens help murder boy, Brooks doesnt but still eats boy*all prob would have died if didnt eat boy

Go to trial for the boy, jury returns special verdict Brooks was the witness Utilitarian view- killed him for greater good, because they would have died otherwise What is the point of a conviction with a sentence with a nominal sentence? (received some

jail time with no hard labor)-b/c conviction sends a message about what the law is

GEMENTERA Expression function: shaming sentence Sentence imposed- 2 months incarceration, 3 yrs supervised release, supervised release- 100

hrs of community service standing with sandwich board, etc. Issue on appeal is whether sentence imposed condition for permissible purposes and whether

its reasonably related Conditions for permissible purposes:

1) Deterrence2) Protection of public3) Rehabilitation

-Has to be reasonably related to one of these purposes Gementera said it wasnt related but instead had to do with humiliation Majority of jury said it does comply and it serve rehabilitation purposes Danger of shaming punishment- separates them from society and distances them more Dissent says that were past this stage and humiliation brings up back to this and disrespects

the criminal justice system Debate about shaming sentences took off in early 90s

Thought maybe there was a place for alternative shaming sentence; since incarceration is shaming too, theres nothing wrong with shaming sentences

-others argues-image of the sentence went against our fundamental values, made people uncomfortable