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Criminology Commons

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Full-Text Articles in Criminology

Introduction To The Structure And Limits Of Criminal Law, Paul H. Robinson, Joshua Samuel Barton Jul 2014

Introduction To The Structure And Limits Of Criminal Law, Paul H. Robinson, Joshua Samuel Barton

All Faculty Scholarship

The book The Structure and Limits of Criminal Law (Ashgate) collects and reprints classic articles on three topics: the conceptual structure of criminal law doctrine, the conduct necessary and that sufficient for criminal liability, and the offender culpability and blameworthiness necessary and that sufficient for criminal liability. The collection includes articles by H.L.A. Hart, Sanford Kadish, George Fletcher, Herbert Packer, Norval Morris, Gordon Hawkins, Andrew von Hirsch, Bernard Harcourt, Richard Wasserstrom, Andrew Simester, John Darley, Kent Greenawalt, and Paul Robinson. This essay serves as an introduction to the collection, explaining how each article fits into the larger debate and giving …


Empirical Desert, Individual Prevention, And Limiting Retributivism: A Reply, Paul H. Robinson, Joshua Samuel Barton, Matthew J. Lister Jan 2014

Empirical Desert, Individual Prevention, And Limiting Retributivism: A Reply, Paul H. Robinson, Joshua Samuel Barton, Matthew J. Lister

All Faculty Scholarship

A number of articles and empirical studies over the past decade, most by Paul Robinson and co-authors, have suggested a relationship between the extent of the criminal law's reputation for being just in its distribution of criminal liability and punishment in the eyes of the community – its "moral credibility" – and its ability to gain that community's deference and compliance through a variety of mechanisms that enhance its crime-control effectiveness. This has led to proposals to have criminal liability and punishment rules reflect lay intuitions of justice – "empirical desert" – as a means of enhancing the system's moral …


The Effect Of Mental Illness Under U.S. Criminal Law, Paul H. Robinson Jan 2014

The Effect Of Mental Illness Under U.S. Criminal Law, Paul H. Robinson

All Faculty Scholarship

This paper reviews the various ways in which an offender's mental illness can have an effect on liability and offense grading under American criminal law. The 52 American jurisdictions have adopted a variety of different formulations of the insanity defense. A similar diversity of views is seen in the way in which different states deal with mental illness that negates an offense culpability requirement, a bare majority of which limit a defendant's ability to introduce mental illness for this purpose. Finally, the modern successor of the common law provocation mitigation allows, in its new breadth, certain forms of mental illness …


African American Men Who Give Voice To The Personal Transition From Criminality To Desistance, Naomi Nightingale Jan 2014

African American Men Who Give Voice To The Personal Transition From Criminality To Desistance, Naomi Nightingale

Antioch University Dissertations & Theses

The United States of America has more than 2.3 million persons incarcerated in state and federal prisons.In 2011 more than 700,000 prisoners were released from prisons back into the communities, mostly urban, from where they came.Upon their attempt to reenter society, persons released from prison are faced with overwhelming odds threatening their successful reentry at every critical element necessary for life and wellbeing—food, housing, health care, treatment for drug addictions, employment, counseling, family support and close personal relationships.This research reflects the voices of African American men who tell their personal stories of criminal life, imprisonment, recidivism, and the point at …