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This is the first time I'm getting a policy-only question on an exam. I think the prof. is giving us a proposed statute and wants us to only argue policy.

Any advice besides giving the arguments and critiques for all of the main Retributive and Utilitarian (gen. deterrence, specific deterrence, incapacitation, rehabilitation) theories?

dannynoonan87 wrote:This is the first time I'm getting a policy-only question on an exam. I think the prof. is giving us a proposed statute and wants us to only argue policy.

Any advice besides giving the arguments and critiques for all of the main Retributive and Utilitarian (gen. deterrence, specific deterrence, incapacitation, rehabilitation) theories?

• I think that is probably the most important advice. Draw on first principles to support your argument. Draw on the main themes and policy debates of the class.
• Also perhaps show interaction with the case law you discussed in class. Maybe this statute would lead to an undesirable result in Case A and that is a big reason to find this statute normatively undesirable. Or maybe an adverse result is outweighed by benefits in other circumstances.
• Be objective, evenhanded, and balanced. Don't portray the statute to be the worst thing in the history of the law unless it really is.
• Also, in general, I think it is easier to critique a statute rather than defend it.
• I would guess policy questions have a tighter curve in general than issue spotters, so I might distribute my time slightly in favor of the issue spotter(s).*

*I am not responsible for any adverse effects of following this advice.

Thank you!