Martin v State Facts Defendant Martin was arrested inside his home and taken onto the highway by police officers who subsequently charged him with being drunk in public. Some argue this should be valued through tort law only when there are serious crimes. Economic Efficiency Criminal law doctrines may promote the economic efficiency and help allocate resources. put them in prison) and separate them from society so that they cannot commit similar crimes in the future. When individuals have committed particularly heinous crimes, there is a desire to "restrain" those individuals (e.g. Two types Specific and General Specifc Deterrence Goal is to prevent the defendant from committing similar future crimes General Deterence defer others from committing similar crimes Restraint Another justification for punishment. Questions whether it is good for society to return individuals to society (following punishment Deterrence The attempt to discourage criminality through the use of punishment Rehabilitation The goal of restoring a convicted offender to a constructive place in society through some form of vocational or educational training or therapy. Purpose is to control future harmful conduct. Purpose of this is revenge or repayment for a wrongful act. Those who support this theory believe that those who violate societal norms especially heinous ones. retribution Similar to that as an eye for an eye. Some argue that it serves as a deterrent. With conviction comes what we call moral commendation where there character is affected. However, the court concludes that principles of general deterrence apply, and also a more severe sentence should be imposed because, otherwise, there is a risk that the court will "depreciate the seriousness of the defendant's crime." Social Commendation With other punishments there is also the element of social condemnation that's associated with the other elements (imprisonment, fines, etc). Bergman Holding? The court held that defendant does not need rehabilitation or specific deterrence. If they apply any lesser penalty it deprecates the seriousness of the crime at hand. Bergman Rule? A defendants life and background are all relevant to the decision of the court and the court analyzes whether and how the justifications for punishment apply in this case. Bergman Issue? What is the appropriate prison sentence for the defendant? United States v. What is procedural Posture? The defendant has filed a motion to postpone surrender after he receives his sentence. Defendant pled guilty to two counts of Medicaid fraud. He also had significant wealth in part due to his ownership and operation of nursing homes. Many people spoke up on his behalf as a good man. Bergman Facts? Defendant was a rabbi who had engaged in various charitable works around the world. Different ways we impose Punishment include o Retribution
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