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Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject To Criminal Punishment And To Preventive Detention, Ken Levy

Ken Levy

How should we judge psychopaths, both morally and in the criminal justice system? This Article will argue that psychopaths are generally not morally responsible for their bad acts simply because they cannot understand, and therefore be guided by, moral reasons.

Scholars and lawyers who endorse the same conclusion automatically tend to infer from this premise that psychopaths should not be held criminally punishable for their criminal acts. These scholars and lawyers are making this assumption (that just criminal punishment requires moral responsibility) on the basis of one of two deeper assumptions: that either criminal punishment directly requires moral responsibility or …

Conviction And Punishment: Free Press And Competitive Election As Deterrents To Corruption, Xiaowen Tian, Vai Lo

Xiaowen Tian

Democratic institutions are not equally effective in curbing corruption. Using a criminal behavior model, this study formulates the hypothesis that corruption offenders, being risk-inclined, are deterred more by conviction-reinforcing democratic institutions than by punishment-reinforcing democratic institutions. Evidence based on cross-country regressions strongly supports this hypothesis, indicating that compared with competitive election, free press is a more effective deterrent to corruption. While shedding light on why corruption remains rampant in some electoral democracies - particularly the illiberal democracies - this study identifies a key to corruption control.

Adult Punishment For Juvenile Offenders: Does It Reduce Crime?, Richard E. Redding

Richard E. Redding

This chapter discusses the research on the general and specific deterrent effects of transferring juveniles for trial in adult criminal court, identifies gaps in our knowledge base that require further research, discusses the circumstances under which effective deterrence may be achieved, and examines whether there are effective alternatives for achieving deterrence other than adult sanctions for serious juvenile offenders. As a backdrop to this analysis, the chapter first examines the role of public opinion in shaping the get tough policies, and how policy makers have misunderstood and perceived support for these policies.

Parsing Personal Predilections: A Fresh Look At The Supreme Court’S Cruel And Unusual Death Penalty Jurisprudence, Susan Raeker-Jordan

Susan Raeker-Jordan

No abstract provided.

Learning By Redoing, Review Of A. Von Hirsch, Doing Justice: The Choice Of Punishments, Ira P. Robbins

Ira P. Robbins