Criminal Law
LAW 506 Section 2
Peter D. Garlock
1. The casebook for the course is Kadish, Schulhofer, Steiker, & Barkow, Criminal Law and Its Processes (9th ed., 2012). You must have the 9th ed.; no other edition will do, and you must have a hard copy of the casebook. The CSU bookstore has ample used copies of the 9th ed. for purchase or rental.
2. Before our first class read the Course Syllabus, which I will send to you as an email attachment.
For Wednesday, Jan. 20: Introduction; Puposes of Punishment (Note: This is our first class)
(1) Read for background: Casebook, 1-top 12, mid 17-top 19, 75-82
(2) For class discussion: Excerpt by Greenawalt, Punishment (this will be sent to you as an email attachment.)
(3) For class discussion: Read in casebook in the following order:
(a) Utilitarianism and Deterrence: bott 89-mid 93, mid 111-113 (thru n.3)
(b) Retribution, Retaliation, Vengeance: mid 93-top 96, 99-top 102, 130-top 133
Questions: What are the characteristics of utilitarian and retributive theories of punishment? What criticisms might be made of these theories? Would you consider yourself primarily a utilitarian or a retributivist? Why? On the basis of these theories, how should the sentencing Problem (101) be decided? What about Jackson (130)?