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Articles 361 - 377 of 377
Full-Text Articles in Law
Dissenting View Of Commissioner Paul H. Robinson To The Proposed Sentencing Guidelines For United State Courts, Paul H. Robinson
Dissenting View Of Commissioner Paul H. Robinson To The Proposed Sentencing Guidelines For United State Courts, Paul H. Robinson
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I believe the Sentencing Reform Act of 1984, which created the United States Sentencing Commission, contains two main directives. First, the Commission's guidelines must provide a rational and principled sentencing system that will further the purposes of just punishment and crime control. Second, the guidelines must reduce unwarranted disparity among sentences for similar offenders who commit similar offenses. The Act provides that this is to be achieved through the Commission's promulgation of a comprehensive sentencing system that will bind all federal judges. I opposed the Commission's Preliminary Draft of September, 1986, because I saw it as lacking both guiding principles …
Hybrid Principles For The Distribution Of Criminal Sanctions, Paul H. Robinson
Hybrid Principles For The Distribution Of Criminal Sanctions, Paul H. Robinson
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Most criminal codes, and most criminal law courses, begin with the 'familiar litany' of the purposes of criminal law sanctions - just punishment, deterrence, incapacitation of the dangerous, and rehabilitation. We train and direct our lawyers, judges, and legislators to use these purposes as guiding principles for the distribution of criminal sanctions. The purposes are thus to guide both the drafting and interpretation of criminal statutes and the imposition of criminal sentences in individual cases. The purposes frequently conflict, however, as part I will demonstrate. Conflicts arise because each purpose requires consideration of different criteria; in some cases, a particular …
Causing The Conditions Of One's Own Defense: A Study In The Limits Of Theory In Criminal Law Doctrine, Paul H. Robinson
Causing The Conditions Of One's Own Defense: A Study In The Limits Of Theory In Criminal Law Doctrine, Paul H. Robinson
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One widely-stated goal of criminal law theory is to create the set of rules that best implements our collective sense of justice. To reach this goal, the theorist continuously adjusts his theory so that it generates rules that better reflect our fundamental notions of justice. These rules, moreover, must function as workable doctrine, which in the context of criminal law means precise statutory provisions. It is this process of theoretical refinement and translation that is the topic of this article. Can good theory generate results that approximate our collective sense of justice? Can the theoretical refinements be translated into workable …
Justice, Mercy, And Craziness, Stephen J. Morse
Justice, Mercy, And Craziness, Stephen J. Morse
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No abstract provided.
Judge Friendly's Contributions To Securities Law And Criminal Procedure: "Moderation Is All", Frank Goodman
Judge Friendly's Contributions To Securities Law And Criminal Procedure: "Moderation Is All", Frank Goodman
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No abstract provided.
Criminal Liability For Omissions: A Brief Summary And Critique Of The Law In The United States, Paul H. Robinson
Criminal Liability For Omissions: A Brief Summary And Critique Of The Law In The United States, Paul H. Robinson
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Criminal liability for an omission is imposed in two distinct situations. First, such liability is often imposed explicitly in offense definitions that punish a failure to perform certain conduct. For example, it is an offense to fail to file a tax return. Second, it is also common for a general provision, apart from an offense definition, to create omission liability for an offense defined in commission terms. Parents, for example, are generally given the legal duty to care for their children. A parent may be held liable for criminal homicide, then, where death results from a failure to perform this …
Undiminished Confusion In Diminished Capacity, Stephen J. Morse
Undiminished Confusion In Diminished Capacity, Stephen J. Morse
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No abstract provided.
Imputed Criminal Liability, Paul H. Robinson
Imputed Criminal Liability, Paul H. Robinson
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Typically, the set of elements defining a crime comprise what may be called the paradigm of liability for that offense: An actor is criminally liable if and only if the state proves all these elements. The paradigm of an offense, however, does not always determine criminal liability. Even where all the elements of the paradigm are proven, rules and doctrines create exceptions that affect criminal liability. Some exceptions, such as insanity, duress, and law enforcement authority, can exculpate an actor even though his conduct and state of mind satisfy the paradigm for the offense charged. Such exculpating exceptions are grouped …
Allocational Sanctions: The Problem Of Negative Rights In A Positive State, Seth F. Kreimer
Allocational Sanctions: The Problem Of Negative Rights In A Positive State, Seth F. Kreimer
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No abstract provided.
Element Analysis In Defining Criminal Liability: The Model Penal Code And Beyond, Paul H. Robinson, Jane A. Grall
Element Analysis In Defining Criminal Liability: The Model Penal Code And Beyond, Paul H. Robinson, Jane A. Grall
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The pursuit of fairness and effectiveness has inspired and guided criminal code reformers of the past two decades. Because penal law protects the most important societal interests and authorizes the most serious sanctions the government may impose - the stigma of conviction, imprisonment, and even death - a criminal code, more than any other body of law, should be rational, clear, and internally consistent. Only a precise, principled code that sufficiently defines forbidden conduct can achieve its goals of condemnation and deterrence. Such a code gives citizens fair warning of what will constitute a crime, limits governmental discretion in determining …
Failed Explanations And Criminal Responsibility: Experts And The Unconscious, Stephen J. Morse
Failed Explanations And Criminal Responsibility: Experts And The Unconscious, Stephen J. Morse
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No abstract provided.
A Brief History Of Distinctions In Criminal Culpability, Paul H. Robinson
A Brief History Of Distinctions In Criminal Culpability, Paul H. Robinson
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The Model Penal Code identifies five levels of culpable states of mind significant to criminal liability. Professor Robinson reviews the evolution and refinement of those distinctions and considers current and future implications of viewing the Model Penal Code scheme as one stage in a continuing development.
The Twilight Of Welfare Criminology, Stephen J. Morse
The Twilight Of Welfare Criminology, Stephen J. Morse
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No abstract provided.
The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse
The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse
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No abstract provided.
A Theory Of Justification: Societal Harm As A Prerequisite For Criminal Liability, Paul H. Robinson
A Theory Of Justification: Societal Harm As A Prerequisite For Criminal Liability, Paul H. Robinson
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All would agree that the criminal law seeks to prevent harmful results rather than to punish evil intent that produces no harm. If one views deterrence as the proper function of the criminal law, a harm requirement is appropriate. To the extent that the criminal law punishes nonharmful conduct, it weakens the stigma and deterrent effect of criminal conviction for harmful conduct. If a defendant who has caused no harm feels that he is punished unjustifiably, rehabilitative efforts will be hampered. Indeed, one may ask: If no harm has been caused, what harm will be deterred by punishment, and what …
Proposal And Analysis Of A Unitary System For Review Of Criminal Judgments, Paul H. Robinson
Proposal And Analysis Of A Unitary System For Review Of Criminal Judgments, Paul H. Robinson
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Debate continues over expanded use of habeus corpus for collateral attack of criminal judgments. Some commentators argue that the current system of seemingly endless post-conviction review fails to provide the finality and integrity required of any truly fair and effective system of criminal justice. Others claim that such an expansive post-conviction remedy system is justified when a man's liberty is at stake. It is a central thesis of this article that not only does the present system of post-conviction remedies fall short of achieving adequate fairness and comprehensiveness, but also that the attempt to achieve these values has produced a …
Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard
Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard
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No abstract provided.