LAW 604 Lecture Notes - Lecture 2: Hobbs Act, Extortion, Transferred Intent
Document Summary
Expressive theory: punishment is justified as a means of expressing society"s condemnation (and the relative seriousness) of a crime, hybrid form of utilitarianism and the victim vindication form of retribution, denunciation is desirable because, it is educative. Informs individuals of community values/opinions. (utilitarian: it channels community anger away from person vengeance. (utilitarian, it is retributive. It is a form of moral condemnation that stigmatizes the offender for his offense and vindicates the victim. (retributivist) Misc: reference general notes for discussion on alternative sanctions. (supplemental reading. ) (gementera case involves alternative sanction. ) Paying for a level playing field is not: there"s no difference in secret agreements vs. open agreements, doesn"t matter if the benefit is private or public, bribery & extortion are not mutually exclusive. 127: result crimes an actus reus and causation both necessary, conduct crime just doing something without a causation requirement, some crimes are act crimes and others are result crimes.
