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Sexual Violence And Future Harm: Lessons From Asylum Law, Shawn E. Fields
Sexual Violence And Future Harm: Lessons From Asylum Law, Shawn E. Fields
Utah Law Review
Sexual violence victims face unique and enduring safety risks following an assault. The legal system’s gradual shift from solely punishing offenders for past acts to protecting survivors from future harm reflects a recognition of this fact. But so-called “sexual assault protection order” statutes impose onerous “future harm” requirements – including proof by clear and convincing evidence that another sexual assault is imminent – that belies the realities of ongoing injury for victims and creates barriers to protection similar to the criminal justice approach to rape.
This Article suggests a different approach, one justified by a novel analogy to the refugee …
Conventions And Convictions: A Valuative Theory Of Punishment, Daniel Maggen
Conventions And Convictions: A Valuative Theory Of Punishment, Daniel Maggen
Utah Law Review
The one thing that most scholars of criminal law agree upon is that we are in desperate need of a comprehensive theory of punishment. The theory that comes closest to meeting this demand is the expressive account of punishment, yet it is often criticized for its inability to explain how the expression of communal values justifies punishment and why the condemnation of wrongdoing necessarily requires punishment. The Article answers these criticisms by arguing against the need to necessarily connect punishment to wrongdoing and by developing expressivism into a novel theory of punishment, grounded in the valuative function punishment serves.
Offering …