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Criminal Law Commons

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Full-Text Articles in Criminal Law

Ignorance Of Law Is An Excuse - But Only For The Virtuous, Dan M. Kahan Oct 1997

Ignorance Of Law Is An Excuse - But Only For The Virtuous, Dan M. Kahan

Michigan Law Review

It's axiomatic that "ignorance of the law is no excuse." My aim in this essay is to examine what the "mistake of law doctrine" reveals about the relationship between criminal law and morality in general and about the law's understanding of moral responsibility in particular. The conventional understanding of the mistake of law doctrine rests on two premises, which are encapsulated in the Holmesian epigrams with which I've started this essay. The first is liberal positivism. As a descriptive claim, liberal positivism holds that the content of the law can be identified without reference to morality: one needn't be a …


Deterrence's Difficulty, Neal Kumar Katyal Aug 1997

Deterrence's Difficulty, Neal Kumar Katyal

Michigan Law Review

We all crave simple elegance. Physicists since Einstein have been searching for a grand unified theory that will tie everything together in a simple model. Law professors have their own grand theories - law and economics's Coase Theorem and constitutional law's Originalism immediately spring to mind. Criminal law is no different, for the analogue is our faith in deterrence - the belief that increasing the penalty on an activity will mean that fewer people will perform it. This theory has much to commend it. After all, economists and shoppers have known for ages that a price increase in a good …


Crime Control And Harassment Of The Innocent, Raymond Dacey, Kenneth S. Gallant Jan 1997

Crime Control And Harassment Of The Innocent, Raymond Dacey, Kenneth S. Gallant

Faculty Scholarship

Crime control through law enforcement is generally considered to be a two-part process of appre­hending and incapacitating or rehabilitating the guilty, and deterring the innocent from crime by the threat of punishment. The analysis presented here shows that the protection of the innocent from harass­ment-detention, arrest, punishment, and other intrusions by the criminal justice system-is important in deterring crime. Specifically, the analysis shows that deterrence from crime is weakened and then lost for a rational individual who holds the majority attitude toward risk, if the levels of rightful punishment and wrongful harassment are increased, as in a war on crime, …


The Utility Of Desert, Paul H. Robinson, John M. Darley Jan 1997

The Utility Of Desert, Paul H. Robinson, John M. Darley

All Faculty Scholarship

The article takes up the debate between utility and desert as distributive principles for criminal liability and punishment and concludes that a utilitarian analysis that takes account of all costs and benefits will support the distribution of liability and punishment according to desert, or at least according to the principles of desert as perceived by the community. It reaches this conclusion after an examination of a variety of recent social science data. On the one hand, it finds the traditional utilitarian theories of deterrence, incapacitation, and rehabilitation to have little effect in many instances. It finds instead that the real …