Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Empirical desert (2)
- Adult prosecution of juveniles (1)
- Blameworthiness principle (1)
- Blameworthiness proportionality (1)
- Child development (1)
-
- Code-community conflicts (1)
- Coercive crime control (1)
- Coercive crime-control (1)
- Community norms (1)
- Consequentialism (1)
- Core principles (1)
- Criminal codes (1)
- Democratic values (1)
- Desert (1)
- Distributive principles (1)
- Empirical & cross-cultural studies (1)
- Empirical studies (1)
- Felony murder (1)
- Interest group pressure (1)
- International criminal law (1)
- Legality principle (1)
- Legislative delegation (1)
- Legislative mistake (1)
- Legitimacy (1)
- Legitimacy-compliance dynamic (1)
- Mistake of law (1)
- Mitigations (1)
- Moral credibility (1)
- Natural experiments (1)
- Normative crime control (1)
Articles 1 - 3 of 3
Full-Text Articles in Philosophy
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 …
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 …
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 …