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Articles 1 - 13 of 13
Full-Text Articles in Entire DC Network
Deterrence And Damages: The Multiplier Principle And Its Alternatives, Richard Craswell
Deterrence And Damages: The Multiplier Principle And Its Alternatives, Richard Craswell
Michigan Law Review
One purpose of fines and damage awards is to deter harmful behavior. When enforcement is imperfect, however, so the probability that any given violation will be punished is less than 100%, the law's deterrent effect is usually thought to be reduced. Thus, it is often said that the ideal penalty (insofar as deterrence is concerned) equals the harm caused by the violation multiplied by one over the probability of punishment. For example, if a violation faces only a 25% (or one-in-four) chance of being punished, on this view the optimal penalty would be four times the harm caused by the …
Rights And Wrongs, John C.P. Goldberg
Rights And Wrongs, John C.P. Goldberg
Michigan Law Review
If one were to ask an American lawyer or legal scholar for a definition of liberalism, her explanation would likely include mention of constitutional provisions such as the First and Fourth Amendments. This is because liberalism is today understood primarily as a theory of what government officials may not do to citizens. Its most immediate expression in law is thus taken to be those parts of the Bill of Rights that set limits on state action. This tendency to conceive of liberalism exclusively as a theory of rights against government is a twentieth century phenomenon. To be sure, liberalism has …
"This Province, So Meanly And Thinly Inhabited": Punishing Maryland's Criminals, 1681-1850, Jim Rice
"This Province, So Meanly And Thinly Inhabited": Punishing Maryland's Criminals, 1681-1850, Jim Rice
History Faculty Scholarship
This essay examines three questions, in each case using the colony and state of Maryland as a case study. First, why did some states adopt the penitentiary so much earlier than others? Pennsylvania opened one in 1790, but South Carolina waited until 1868 to do so. Given the variations in timing, did different states establish penitentiaries for different reasons? That seems to have been the case, as a comparison of Maryland's path to the penitentiary with that of other jurisdictions will demonstrate. Second, was the penitentiary truly revolutionary? Perhaps in some places, but not in Maryland. Third, did the diverse …
Revenge On Utilitarianism: Renouncing A Comprehensive Economic Theory Of Crime And Punishment, William L. Barnes Jr.
Revenge On Utilitarianism: Renouncing A Comprehensive Economic Theory Of Crime And Punishment, William L. Barnes Jr.
Indiana Law Journal
No abstract provided.
Fair Notice, Even For Terrorists: Timothy Mcveigh And A New Standard For The Ex Post Facto Clause, Andrew J. Gottman
Fair Notice, Even For Terrorists: Timothy Mcveigh And A New Standard For The Ex Post Facto Clause, Andrew J. Gottman
Washington and Lee Law Review
No abstract provided.
Now We Have Forgotten The Old Indian Law: Choctaw Culture And The Evolution Of Corporal Punishment, Steven M. Karr
Now We Have Forgotten The Old Indian Law: Choctaw Culture And The Evolution Of Corporal Punishment, Steven M. Karr
American Indian Law Review
No abstract provided.
Is Capital Punishment A Deterrent To Crime?, Greg Warren Colyer
Is Capital Punishment A Deterrent To Crime?, Greg Warren Colyer
Theses Digitization Project
No abstract provided.
Beyond The Hero Judge: Institutional Reform Litigation As Litigation, Margo Schlanger
Beyond The Hero Judge: Institutional Reform Litigation As Litigation, Margo Schlanger
Reviews
In 1955, in its second decision in Brown v. Board of Education, the Supreme Court suggested that federal courts might be called upon to engage in long-term oversight of once-segregated schools. Through the 1960s, southern resistance pushed federal district and appellate judges to turn that possibility into a reality. The impact of this saga on litigation practice extended beyond school desegregation, and even beyond the struggle for African-American equality; through implementation of Brown, the nation’s litigants, lawyers, and judges grew accustomed both to issuance of permanent injunctions against state and local public institutions, and to extended court oversight of compliance. …
Searching For The "Tail Of The Dog": Finding "Elements" Of Crimes In The Wake Of Mcmillan V. Pennsylvania, Richard G. Singer, Mark D. Knoll
Searching For The "Tail Of The Dog": Finding "Elements" Of Crimes In The Wake Of Mcmillan V. Pennsylvania, Richard G. Singer, Mark D. Knoll
Seattle University Law Review
Part II of this Article will examine the historical importance of punishment as a litmus test in the common law in finding the elements of an offense. In Part III, the historical approach used by federal courts when value or quantity was at issue will be analyzed in order to round out the pre-McMillan framework. Part IV will discuss the McMillan decision, as well as the post-McMillan regime. Part V will analyze Jones v. United States, the case now pending before the Court, in which the Court may have its last chance to correct the error of McMillan and …
Living With The Death Penalty, Samuel R. Gross
Living With The Death Penalty, Samuel R. Gross
Articles
The debate over the death penalty in the United States - such as it is - is framed in terms of criminal justice policy. The issues are the same ones we consider when the question is the length of prison sentence for a drug crime: Does the defendant deserve the penalty? Is it cost effective by comparison to other available sanctions? Will it deter others from committing the crimes for which he was convicted? Can we impose this punishment fairly? Can we make sure that innocent people are not condemned?
When Bad Things Happen To Good Intentions: The Development And Demise Of A Task Force Examining The Drugs-Violence Interrelationship Symposium On Drug Crimes, Deborah W. Denno
When Bad Things Happen To Good Intentions: The Development And Demise Of A Task Force Examining The Drugs-Violence Interrelationship Symposium On Drug Crimes, Deborah W. Denno
Faculty Scholarship
Between 1994-1996, I was one of twenty-eight members of a Drugs-Violence Task Force, created to report to the United States Sentencing Commission specific findings, conclusions, and recommendations concerning the interrelationship (if any) between drugs and violence. Much of the controversy concerning how to approach the drugs-violence problem reflects two conflicting and long-held views of drugs and crime: the criminal justice view, which emphasizes detecting and punishing drug offenders, and the public health view, which advocates treating the drug addiction that leads some individuals to commit crime. Traditionally, the criminal justice view is associated with a “tough on crime” attitude that …
Retribution: Punishment's Formative Aim, John M. Finnis
Retribution: Punishment's Formative Aim, John M. Finnis
Journal Articles
This Article explores the theoretical underinnings of punishment, in light of statements made about punishment in the works of Friedrich Nietzsche.
Retribution And The Secondary Aims Of Punishment, Gerard V. Bradley
Retribution And The Secondary Aims Of Punishment, Gerard V. Bradley
Journal Articles
Punishing criminals involves more than visiting unwelcome experiences–the rack, the gallows, confinement, sitting in a corner–upon them. Privations such as these constitute the behavioral substratum, the raw material of punishment. But behaviors such as confinement become the acts that they are, including acts of punishment by confinement, according to the justifying aim(s) which suffuse(s) the behavior. For behaviors such as confinement are ambiguous; limiting another's freedom of movement may be constitutive of a number of different human acts, including quarantine, kidnapping, institutionalization, and imprisonment for crime. Same behavior, different acts. Each of the ends of punishment shapes privations imposed upon …