Principles of Punishment: Modern Role of Criminal Statutes

INTRO TO SUBSTANTIVE CRIMINAL LAW 1) Crime: “Conduct which, if duly shown to have taken place, will incur a formal and solemn pronouncement of the condemnation of the community” ; “Any social harm defined and made punishable by law” 2) Burden of Proof: “Proof beyond a reasonable doubt = proof of such a convincing character that ToF would be willing to rely and act upon it without hesitation in the most important of their own affairs.” * Burden of Production: Prosecution has the burden of providing sufficient evidence upon which jury could find, beyond a reasonable doubt, each element of the charge. * Burden of Persuasion: Duty to convince the trier of fact that the evidence produced demonstrates that the D is guilty beyond a reasonable doubt. 3) Jury Nullification: Jury has the power to disobey the law/jury instructions and acquit, even if guilty, for whatever reason it wants.

PRINCIPLES OF PUNISHMENT

MODERN ROLE OF CRIMINAL STATUTES 1) Principle of Legality: “No crime without law; no punishment without law” a) Criminal laws should be clear/understandable to a reasonable person. b) Laws should not be made to delegate policy matters to judges, police, juries on a case-by-case basis. c) Lenity Doctrine: Judicial interpretation of ambiguous statutes should be biased in favor of the accused. (Places the burden on legislature to draft statutes with clear language) 2) Constitutional Limits d) “Void for Vagueness” – Statute is unconstitutionally vague if: i) It fails to give fair notice as to what conduct it prohibits. ii) It allows for arbitrary discretion or enforcement. iii) It is overbroad and includes innocent conduct. e) Presumption of Constitutionality: Where two reasonable interpretations of a statute are possible, one constitutional and one unconstitutional, courts will generally choose the constitutional interpretation. iv) Plain Meaning: When