Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Crime control (2)
- Criminal law (2)
- Failures of justice (2)
- Law & society (2)
- Moral vigilantes (2)
-
- Self help (2)
- Affirmative consent (1)
- Assault (1)
- Blame (1)
- Burden of proof (1)
- Changing norms (1)
- Condemnability (1)
- Criminal procedure (1)
- Displacement (1)
- Extremists (1)
- Higher education (1)
- Minority views (1)
- Police testilying to subvert exclusionary rule (1)
- Professional neutrality (1)
- Prosecutor reluctance to try some vigilantes (1)
- Prosecutorial overcharging (1)
- Punishment (1)
- Rape (1)
- Shadow vigilantism more dangerous and destructive than classic vigilantism (1)
- Student discipline (1)
- Training (1)
- Vigilantism (1)
- Yes means yes (1)
Articles 1 - 4 of 4
Full-Text Articles in Criminal Procedure
How Being Right Can Risk Wrongs, Paul H. Robinson, Sarah M. Robinson
How Being Right Can Risk Wrongs, Paul H. Robinson, Sarah M. Robinson
All Faculty Scholarship
This is a chapter from the new book The Vigilante Echo. Previous chapters have made clear that some vigilantism can be morally justified where the government has failed in its promise under the social contract to protect and to do justice. But this chapter explains how even moral vigilante action can be problematic for the larger society. Vigilantes may try to do the right thing but are likely to lack the training and professional neutrality of police. They may be successful, but only on pushing the crime problem to an adjacent neighborhood. Because their open lawbreaking may seem admirable …
Shadow Vigilante Officials Manipulate And Distort To Force Justice From An Apparently Reluctant System, Paul H. Robinson, Sarah M. Robinson
Shadow Vigilante Officials Manipulate And Distort To Force Justice From An Apparently Reluctant System, Paul H. Robinson, Sarah M. Robinson
All Faculty Scholarship
The real danger of the vigilante impulse is not of hordes of citizens, frustrated by the system’s doctrines of disillusionment, rising up to take the law into their own hands. Frustration can spark a vigilante impulse but such classic aggressive vigilantism is not the typical response. More common is the expression of disillusionment in less brazen ways, by a more surreptitious undermining and distortion of the operation of the criminal justice system.
Shadow vigilantes, as they might be called, can affect the operation of the system in a host of important ways. For example, when people act as classic vigilantes …
The Legal Limits Of “Yes Means Yes”, Paul H. Robinson
The Legal Limits Of “Yes Means Yes”, Paul H. Robinson
All Faculty Scholarship
This op-ed piece for the Chronicle of Higher Education argues that the affirmative consent rule of "yes means yes" is a useful standard that can help educate and ideally change norms regarding consent to sexual intercourse. But that goal can best be achieved by using “yes means yes” as an ex ante announcement of the society's desired rule of conduct. That standard only becomes problematic when used as the ex post principle of adjudication for allegations of rape. Indeed, those most interested in changing existing norms ought to be the persons most in support of distinguishing these two importantly different …
Modest Retributivism, Mitchell N. Berman
Modest Retributivism, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.