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Penal Modernism In Theory And Practice, Darryl K. Brown
Penal Modernism In Theory And Practice, Darryl K. Brown
Darryl K. Brown
This comment on James Whitman's article, "The Case for Penal Modernism: Beyond Utility and Desert," suggests additional reasons why the era of penal modernism was eventually elipsed by retributivism in the U.S., and questions the degree to which penal modernism's fall also represents retributivism's triumph.
Public Welfare Offenses, Darryl K. Brown
Public Welfare Offenses, Darryl K. Brown
Darryl K. Brown
This chapter provides an overview, historical account and critical analysis of Anglo-American public welfare offenses, meaning strict liability crimes generally employed for regulatory purposes. As an explanation for the greater prevalence of these strict liability regulatory crimes in England and the U.S. compared to other jurisdictions, the chapter points to, among other factors, the evolving scope of social duties in modernity and traditional Anglo-American limits on central state administrative capacity.