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Full-Text Articles in Law
Punishing Dangerousness: Cloaking Preventative Detention As Criminal Justice, Paul H. Robinson
Punishing Dangerousness: Cloaking Preventative Detention As Criminal Justice, Paul H. Robinson
Faculty Scholarship at Penn Law
Laypersons have traditionally thought of the criminal justice system as being in the business of doing justice: punishing offenders for the crimes they commit. Yet during the past several decades, the justice system's focus has shifted from punishing past crimes to preventing future violations through the incarceration and control of dangerous offenders. Habitual-offender statutes, such as "three strikes" laws, authorize life sentences for repeat offenders. Jurisdictional reforms have decreased the age at which juveniles may be tried as adults. Gang membership and recruitment are now punished. "Megan's Law" statutes require community notification of convicted sex offenders. "Sexual predator ...
Judicial Fact-Finding And Sentence Enhancements In A World Of Guilty Pleas, Stephanos Bibas
Judicial Fact-Finding And Sentence Enhancements In A World Of Guilty Pleas, Stephanos Bibas
Faculty Scholarship at Penn Law
No abstract provided.
On Insider Trading, Markets, And "Negative" Property Rrights In Information, Zohar Goshen, Gideon Parchomovsky
On Insider Trading, Markets, And "Negative" Property Rrights In Information, Zohar Goshen, Gideon Parchomovsky
Faculty Scholarship at Penn Law
No abstract provided.
Criminal Law Scholarship: Three Illusions, Paul H. Robinson
Criminal Law Scholarship: Three Illusions, Paul H. Robinson
Faculty Scholarship at Penn Law
The paper criticizes criminal law scholarship for helping to construct and failing to expose analytic structures that falsely claim a higher level of rationality and coherence than current criminal law theory deserves. It offers illustrations of three such illusions of rationality. First, it is common in criminal law discourse for scholars and judges to cite any of the standard litany of "the purposes of punishment" -- just deserts, deterrence, incapacitation of the dangerous, rehabilitation, and sometimes other purposes -- as a justification for one or another liability rule or sentencing practice. The cited "purpose" gives the rules an aura of rationality, but ...