CRIMINAL LAW

Lecture 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) Deterrence
2) Protection of public
3) 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