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Articles 1 - 7 of 7
Full-Text Articles in Law Enforcement and Corrections
Sentencing Co-Offenders, Ehud Guttel, Ittai Paldor, Gideon Parchomovsky
Sentencing Co-Offenders, Ehud Guttel, Ittai Paldor, Gideon Parchomovsky
All Faculty Scholarship
Tort law and criminal law are the two main vehicles utilized by the state to deter wrongful behavior. Despite the many similarities between the two legal fields, they differ in their treatment of collaborations. While tort law divides liability among joint-tortfeasors, criminal law abides by a no-division rule that imposes on each co-offender the full brunt of the sanction. Thus, each of two offenders who jointly steal $1,000, will be subject to the full corresponding penalty (rather than the divided penalty for stealing $500).
This Article demonstrates that in property and financial crimes, the no-division regime of criminal law harms …
Police Frisks, David S. Abrams, Hanming Fang, Priyanka Goonetilleke
Police Frisks, David S. Abrams, Hanming Fang, Priyanka Goonetilleke
All Faculty Scholarship
The standard economic model of police stops implies that the contraband hit rate should rise when the number of stops falls, ceteris paribus. We provide empirical corroboration of such optimizing models of police behavior by examining changes in stops and frisks around two extraordinary events of 2020 - the pandemic onset and the nationwide protests following the killing of George Floyd. We find that hit rates from pedestrian and vehicle stops generally rose as stops and frisks fell dramatically. Using detailed data, we are able to rule out a number of alternative explanations, including changes in street population, crime, police …
Do Police Union Contracts Hinder Accountability: A Quantitative Approach, Jacob Bell
Do Police Union Contracts Hinder Accountability: A Quantitative Approach, Jacob Bell
Prize Winning Papers
Winner of Penn Carey Law's 2022 Wiley C. Rutledge Memorial Fund Award for the best research project on the relation of law enforcement and individual liberty.
Criminal Law’S Core Principles, Paul H. Robinson
Criminal Law’S Core Principles, Paul H. Robinson
All Faculty Scholarship
Modern criminal law scholars and policymakers assume they are free to construct criminal law rules by focusing exclusively on the criminal justice theory of the day. But this “blank slate” conception of criminal lawmaking is dangerously misguided. In fact, lawmakers are writing on a slate on which core principles are already indelibly written and realistically they are free only to add detail in the implementation of those principles and to add additional provisions not inconsistent with them. Attempts to do otherwise are destined to produce tragic results from both utilitarian and retributivist views.
Many writers dispute that such core principles …
The Criminogenic Effects Of Damaging Criminal Law’S Moral Credibility, Paul H. Robinson, Lindsay Holcomb
The Criminogenic Effects Of Damaging Criminal Law’S Moral Credibility, Paul H. Robinson, Lindsay Holcomb
All Faculty Scholarship
The criminal justice system’s reputation with the community can have a significant effect on the extent to which people are willing to comply with its demands and internalize its norms. In the context of criminal law, the empirical studies suggest that ordinary people expect the criminal justice system to do justice and avoid injustice, as they perceive it – what has been called “empirical desert” to distinguish it from the “deontological desert” of moral philosophers. The empirical studies and many real-world natural experiments suggest that a criminal justice system that regularly deviates from empirical desert loses moral credibility and thereby …
Undemocratic Crimes, Paul H. Robinson, Jonathan C. Wilt
Undemocratic Crimes, Paul H. Robinson, Jonathan C. Wilt
All Faculty Scholarship
One might assume that in a working democracy the criminal law rules would reflect the community’s shared judgments regarding justice and punishment. This is especially true because social science research shows that lay people generally think about criminal liability and punishment in consistent ways: in terms of desert, doing justice and avoiding injustice. Moreover, there are compelling arguments for demanding consistency between community views and criminal law rules based upon the importance of democratic values, effective crime-control, and the deontological value of justice itself.
It may then come as a surprise, and a disappointment, that a wide range of common …
Pretrial Detention And The Value Of Liberty, Megan Stevenson, Sandra G. Mayson
Pretrial Detention And The Value Of Liberty, Megan Stevenson, Sandra G. Mayson
All Faculty Scholarship
How dangerous must a person be to justify the state in locking her up for the greater good? The bail reform movement, which aspires to limit pretrial detention to the truly dangerous—and which has looked to algorithmic risk assessments to quantify danger—has brought this question to the fore. Constitutional doctrine authorizes pretrial detention when the government’s interest in safety “outweighs” an individual’s interest in liberty, but it does not specify how to balance these goods. If detaining ten presumptively innocent people for three months is projected to prevent one robbery, is it worth it?
This Article confronts the question of …