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Criminal Justice Administration In The U.S. Structure, Justifications And Theories Of Punishment Outline
Updated Criminal Justice Administration In The U.S. Structure, Justifications And Theories Of Punishment Notes
Criminal Law
Criminal Law with Professor Rachel Barkow at NYU School of Law.
This is a synthesis of all topics in a fall 2019 class, Criminal Law at NYU School of Law. My notes consist of the important elements of each doctrine, the unsettled areas, and policy justifications....
The following is a more accessible plain text extract of the PDF sample above, taken from our Criminal Law Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
The Structure of Criminal Justice Administration in the United States
The Justification of Punishment
AMERICAN CRIMINAL JUSTICE LANDSCAPE
Mass incarceration, small deterrent effect
Overburdened legal system
Discriminatory treatment of minorities
Decentralized/local administration
Discretion
Political influences on CJ administration - elected legislators, prosecutors, judges
Minimum sentencing requirements
THEORIES OF PUNISHMENT
| Theory | Consider |
|---|---|
| Retribution | Harm caused (scope and amount – children involved?) Subjective intent/blameworthiness (circumstances?) |
| Deterrence | Special and general Signaling Risk of reoffending (age, impulse control, past record) |
| Incapacitation | Protect public from danger/further crimes of D |
| Rehabilitation | Educational or vocational training, medical care or other correctional treatment |
Purposes of Punishment
-
Purposes are used by different actors to make decisions
legislatures (what to criminalize), prosecutors (who/what/how much to charge), judges (what to sentence)
2 dominant views -
(1) utilitarian - punishment because produce good future consequences, forward looking
Deterrence (detection) - special and general
Rehabilitation
Incapacitation (involve risk instruments to determine pretrial detention and sentencing, often faulty)
-
Others
Legitimization of legal system...
Buy the full version of these notes or essay plans and more in our Criminal Law Outlines.
Criminal Justice Administration In The U.S. Structure, Justifications And Theories Of Punishment
Criminal Law with Professor Rachel Barkow at NYU School of Law.
This is a synthesis of all topics in a fall 2019 class, Criminal Law at NYU School of Law. My notes consist of the important elements of each doctrine, the unsettled areas, and policy justifications....
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