Crim C10 - Week 2 notes
Crim C10 - Week 2 notes Crm/Law C10
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This 7 page Class Notes was uploaded by Edward Avakian on Thursday April 7, 2016. The Class Notes belongs to Crm/Law C10 at University of California - Irvine taught by William Thompson in Spring 2016. Since its upload, it has received 11 views. For similar materials see FND CRM, LAW & SOC in Criminology and Criminal Justice at University of California - Irvine.
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Date Created: 04/07/16
Crim C10 Lecture 3 Week 2 04/05/2016 ▯ Philosophical Basis of Law Utilitarianism o Maximize collective welfare (greatest good for greatest #) o Emphasis on government action for common good ▯ ▯ Objections to utilitarianism Human rights Difficulty of “trans-personal utility comparisons”— o How do you measure and compare “happiness”? ▯ ▯ The Mignonette, 1884 (Queen v Dudley) Parker evidently was the sickest, and he had no wife or children; it only seemed fair, Dudley reasoned, that he be the one killed Parker was 17 years old and an inexperienced seaman Was it good or bad to eat him? Should they be punished? ▯ ▯ Legal Culpability for Homicide When do we punish people for taking the life for another? Murder = Homicide (actus reus) + Malice (mens rea), without justification, excuse or mitigation o 1 Degree—premeditation and deliberation, or specified method o 2 nddegree—absence of premeditation and deliberation Manslaughter—homicide w/o malice or with mitigation ▯ ▯ Was this murder? What if Parker had been 82? What is Parker gave his permission? What did the court decide? Necessity is not a defense to murder Dudley and Stephens were convicted but their sentence was reduced ▯ ▯ Utilitarianism and the Ford Pinto In order to keep the price down, Ford made certain compromises regarding safety Was Ford wrong to do so? Was Ford legally responsible for resulting injuries? ▯ ▯ Tort Law (Accidents and Civil Wrongs) Tort = a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability. When are you legally liable for harm you cause others? Negligence (you have to have a duty to a certain amount of care and you fail to do it) Harm “Defective Design” Harm Was the Pinto defective? Should Ford be liable? ▯ ▯ Ford’s Cost/Benefit Analysis for Pinto Costs o Sales: 11 million cars, 1.5 million light trucks o Unit cost: $11 per car, $11 per truck o Total Cost: 11M * $11 + 1.5M * 11 = $137M Benefits o Savings: 180 burn deaths, 180 serious burn injuries, 2100 burned vehicles o Unit cost: $200,000 per death, $67,000 per injury, $700 per vehicle o Total benefit: 180 * $200K + 180 * 67K + 2100 * 700 = $49.5M ▯ ▯ Philosophical Basis of Law Libertarianism o Respect individual rights o Minimize governmental coercion, except where necessary What “rights” should be protected? Declaration of Independence: o “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness…” 5 amendment: o “No person shall be…deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.” o Due process of law = requirements of having established rules and procedures that have to be met before it can be done ▯ ▯ Libertarianism and Law Friedrich Hayek (1899-1992) o “The Road to Serfdom” Milton Friedman (1912-2006) o “Capitalism and Freedom” Excessive government is a threat to individual liberties ▯ ▯ Law for Libertarians Criminal Law o What kinds would they favor? Any that deprives another individual of something (property, etc); stealing from an individual o What kinds would they oppose? No harm done Contract Law o Enforcing bargains Tort Law o Law of accidents Property Law o Protecting private property ▯ ▯ Crim C10 Lecture 4 Week 2 04/07/2016 ▯ Philosophical Basis of Law Utilitarianism o Maximize collective welfare o Emphasis on government action for common good Libertarianism o Respect individual rights (life, liberty, property) o Minimize government coercion, except where necessary to protect individual rights o Tend to favor smaller, weaker government ▯ ▯ Key differences on law and policy Taxation to promote general welfare Regulation of markets/commerce These issues also separate Democrats and Republicans o Democrats = more utilitarian, more taxation, more regulation of markets and commerce o Republicans = anti tax, anti regulation ▯ ▯ Law Libertarians Like (or at least tolerate) Some government, some laws enforced by government; understand there are limits; need some sort of system to resolve conflict Criminal Law o Laws that are designed to protect us, protect our liberties; laws against crimes that harm individuals by punishing individuals if they commit some harm Tort law (law that involves compensating people through civil law system for harms that are done either accidentally or intentionally) Property law o Involves some sort of regulation as to how you can use your property (potential for incompatible uses of property) Contract law o Enforcement of bargains and agreements o Libertarians like free markets/free enterprise; keeping government out of commercial realm and letting people do business with each other as they like Property Real Property o Real estate; something tangible and immovable like land Personal property o Tangible assets Things like automobiles, clothing, tools o Intangible assets Financial instruments (stocks, bonds, options, derivatives) Intellectual (trademarks, copyrights, patents, domain names, etc.) Are property rights absolute? ▯ ▯ Limits on private use of property Nuisance law o You can’t use your real estate in a way that creates a nuisance for someone else Zoning law o Creating laws in how a property in a certain zone or section can be used (single-family home zones, department zones, shopping centers, residential areas) o Involve government intervention in people’s free use of property o More of a utilitarian rationale; most libertarians would not like zoning laws Eminent domain o Come up in presidential campaigns o A document that allows the government to take over private property o Problematic in a libertarian perspective; how can it be that the government can take over your property (violation of individual liberties o Government can take over property for public purpose if they supply just compensation Contractual agreements—conditions, covenants, and restrictions o Regulations that are created with the purchase of a property to control how it is used ▯ ▯ Laws Libertarians hate Taxation for o Income redistribution o Health and welfare of others Economic regulation o Interferes with liberty o Undermines ability of free markets to maximize utility E.g., price controls lead to poor distribution of resources (i.e. rent control laws) ▯ ▯ Law Libertarians hate (but most Republicans like) Regulation of vice—e.g., drugs, prostitution, pornography Regulation of reproduction—e.g., contraception, abortion Regulation of unacceptable/immoral markets—e.g., body parts, babies ▯ ▯ Was the US founded on a libertarian model? Tea Party/Constitutionalist position The US Constitution o Article I, Section 8 ▯ ▯
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