Amanda Weiner 8/24/09 Criminal Law Study Questions 1.

What theories of punishment (identified in the Dressler reading) are articulated by the criminal justice actors in the newspaper article VA ather!"# Utilitarian (because punis ment was !i"en wit #uture in mind$ ow it will a##ect %r& 'elly in t e #uture and #or t e rest o# social as well (!eneral deterrace( because e was punis ed mainly to con"ince t e !eneral community to #ore!o criminal conduct in t e #uture$ ser"ed as a lesson #or e"eryone else$ instills #ear o# punis ment in ot ers (speci#ic (or indi"idual) deterrence( because punis ment was meant to deter #uture misconduct by %r& 'elly *deterrence by intimidation was possibly used because t e punis ment will remind %r& 'elly t at +i# e returns to a li#e o# crime, e will e-perience more pain. (re abilitation (or re#orm)( also used t rou! is sentence in"ol"in! t e "olunteer wor/ and sponsorin! t e blood dri"e$ it reduces #uture crime and uses t e correctional system to re#orm im 0ud!e said +1 need to ta/e some serious steps to ma/e sure you understand w at you did and send a messa!e to t e community. (para!rap 2) +All we really wanted to do was !i"e t is !uy a wa/e(up call and to tell e"eryone else in t e 3nited States to pay attention to t eir c ildren4s needs and ma/e sure t is doesn4t appen a!ain. (para!rap 52) +14m "ery con#ident t ese c ildren won4t !et into t e situation 6rances #ound ersel# in7 1 don4t t in/ t e /ids will be at ris/ as t ey were in t e past& 1 ope 14m not wron!. (para!rap 54, top o# 2nd pa!e) +Alston4s style on t e benc di##ers7 1n passin! sentences, e sometimes stri"es to ma/e an emotional connection wit de#endants& 1n ot er cases, e as ordered con"icts to spend 24 ours or a wee/end in 8ail on t e anni"ersary o# t eir crime, an e##ort to ma/e sure t e criminal remember t eir wron! and t eir "ictims. (para!rap 59) ** : e 8ury4s recommendation #or 8ail up to 52 mont s is a retributi"e t eory because it is punis in! im personally because o# is wron!doin! ( +0urors w o con"icted im said t ey stru!!led in reac in! t eir recommendation #or a 52(mont sentence, /nowin! t at 'elly adn4t meant to arm is dau! ter but #eelin! e ad to be punis ed #or lettin! er die. (para!rap 50) $. Which are persuasi%e to you and why# Speci#ic deterrence( ;e#orm(

;etributi"ism( &. What sanction would you ha%e ad%ocated and what arguments would you ha%e made to support it if you were 'r. (elly)s defense attorney# *he prosecutor# <=6=>S=? %r& 'elly was a"in! di##iculty ta/in! care o# c ildren w ile wi#e was out o# country Caused im to lose trac/ o# youn!est dau! ter @;AS=C:3:A;? >o e-cuse, responsible #or c ild$ can be described as an un#it parent in t is case >e!li!ence =nsla"ement$ imprisonment