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Amanda Weiner

8/24/09

Criminal LawStudy 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 punisment was !i"en wit #uture in mind$ ow it will a##ect %r&'elly in te #uture and #or te rest o# social as well

!eneral deterrace because e was punised mainly to con"ince te !eneral

community to #ore!o criminal conduct in te #uture$ ser"ed as a lesson #ore"eryone else$ instills #ear o# punisment in oters

speci#ic (or indi"idual) deterrence because punisment was meant to deter #uture

misconduct by %r& 'elly*deterrence by intimidation was possibly used because te punisment

will remind %r& 'elly tat +i# e returns to a li#e o# crime, e will

e-perience more pain.reabilitation (or re#orm) also used trou! is sentence in"ol"in! te "olunteerwor and sponsorin! te blood dri"e$ it reduces #uture crime and uses te

correctional system to re#orm im

ud!e said +1 need to tae some serious steps to mae sure you understand wat you did

and send a messa!e to te community. (para!rap )

+All we really wanted to do was !i"e tis !uy a waeup call and to tell e"eryone else in

te 3nited States to pay attention to teir cildrens needs and mae sure tis doesnt

appen a!ain. (para!rap 52)

+1m "ery con#ident tese cildren wont !et into te situation 6rances #ound ersel# in7

1 dont tin te ids will be at ris as tey were in te past& 1 ope 1m not wron!.(para!rap 54, top o# 2ndpa!e)

+Alstons style on te benc di##ers7 1n passin! sentences, e sometimes stri"es to maean emotional connection wit de#endants& 1n oter cases, e as ordered con"icts to spend

24 ours or a weeend in ail on te anni"ersary o# teir crime, an e##ort to mae sure te

criminal remember teir wron! and teir "ictims. (para!rap 5)

** :e urys recommendation #or ail up to 52 monts is a retributi"e teory because it is

punisin! im personally because o# is wron!doin! +urors wo con"icted im said tey stru!!led in reacin! teir recommendation

#or a 52mont sentence, nowin! tat 'elly adnt meant to arm is dau!ter

but #eelin! e ad to be punised #or lettin! er die. (para!rap 50)

$. Which are persuasi%e to you and why#

Speci#ic deterrence

;e#orm

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;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. ellys defense attorney# *he prosecutor#

S=?

%r& 'elly was a"in! di##iculty tain! care o# cildren wile wi#e was out o# country

Caused im to lose trac o# youn!est dau!ter

@;S=C:3:;?

>o e-cuse, responsible #or cild$ can be described as an un#it parent in tis case >e!li!ence

=nsla"ement$ imprisonment