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Full-Text Articles in Criminal Law
Can The International Criminal Court Deter Atrocity?, Hyeran Jo, Beth A. Simmons
Can The International Criminal Court Deter Atrocity?, Hyeran Jo, Beth A. Simmons
All Faculty Scholarship
Whether and how violence can be controlled to spare innocent lives is a central issue in international relations. The most ambitious effort to date has been the International Criminal Court (ICC), designed to enhance security and safety by preventing egregious human rights abuses and deterring international crimes. We offer the first systematic assessment of the ICC's deterrent effects for both state and nonstate actors. Although no institution can deter all actors, the ICC can deter some governments and those rebel groups that seek legitimacy. We find support for this conditional impact of the ICC cross-nationally. Our work has implications for …
Punishing Property Offenders: Does Moral Correction Work?, Sharona Aharony-Goldenberg, Yael Wilchek-Aviad
Punishing Property Offenders: Does Moral Correction Work?, Sharona Aharony-Goldenberg, Yael Wilchek-Aviad
Touro Law Review
No abstract provided.
Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick
Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick
All Faculty Scholarship
There is a 250 year old presumption in the criminology and law enforcement literature that people are deterred more by increases in the certainty rather than increases in the severity of legal sanctions. We call this presumption the Certainty Aversion Presumption (CAP). Simple criminal decision making models suggest that criminals must be risk-seeking if they behave consistently with CAP. This implication leads to disturbing interpretations, such as criminals being categorically different than law abiding people, who often display risk-averse behavior while making financial decisions. Moreover, policy discussions that incorrectly rely on criminals’ risk attitudes implied by CAP are ill-informed, and …