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Full-Text Articles in Law

The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig Dec 2010

The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig

Faculty Scholarship at Penn Law

For more than half a century, the retributivists and the crime-control instrumentalists have seen themselves as being in an irresolvable conflict. Social science increasingly suggests, however, that this need not be so. Doing justice may be the most effective means of controlling crime. Perhaps partially in recognition of these developments, the American Law Institute's recent amendment to the Model Penal Code's "purposes" provision – the only amendment to the Model Code in the 47 years since its promulgation – adopts desert as the primary distributive principle for criminal liability and punishment. That shift to desert has prompted concerns by two ...


Abnormal Mental State Mitigations Of Murder – The U.S. Perspective, Paul H. Robinson Sep 2010

Abnormal Mental State Mitigations Of Murder – The U.S. Perspective, Paul H. Robinson

Faculty Scholarship at Penn Law

This paper examines the U.S. doctrines that allow an offender's abnormal mental state to reduce murder to manslaughter. First, the modern doctrine of "extreme emotional disturbance," as in Model Penal Code Section 210.3(1)(b), mitigates to manslaughter what otherwise would be murder when the killing "is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse." While most American jurisdictions are based upon the Mode Code, this is an area in which many states chose to retain their more narrow common law "provocation" mitigation. Second, the modern doctrine ...


The Ongoing Revolution In Punishment Theory: Doing Justice As Controlling Crime, Paul H. Robinson Jan 2010

The Ongoing Revolution In Punishment Theory: Doing Justice As Controlling Crime, Paul H. Robinson

Faculty Scholarship at Penn Law

This lecture offers a broad review of current punishment theory debates and the alternative distributive principles for criminal liability and punishment that they suggest. This broader perspective attempts to explain in part the Model Penal Code's recent shift to reliance upon desert and accompanying limitation on the principles of deterrence, incapacitation, and rehabilitation.