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Full-Text Articles in Law
The Role Of The Victim In The Prosecution And Disposition Of A Criminal Case, Donald J. Hall
The Role Of The Victim In The Prosecution And Disposition Of A Criminal Case, Donald J. Hall
Vanderbilt Law Review
A theoretical underpinning of the American system of criminal justice is the notion that a criminal misdeed is a wrong against the entire society.' Accordingly, the local, state and federal governments, acting as the representatives of society, assume the duty and responsibility of prosecuting the individual wrongdoer. While the individual victim of a crime obviously is the party directly" wronged," society interjects and institutes the formal proceeding to ascertain criminal responsibility and determine the appropriate sanction to be imposed upon the accused. This constitutes a basic distinction between civil and criminal cases; the aggrieved individual is the named litigant in …
The Right Deed For The Wrong Reason: A Reply To Mr. Robinson, George P. Fletcher
The Right Deed For The Wrong Reason: A Reply To Mr. Robinson, George P. Fletcher
Faculty Scholarship
So far as there is a school of criminal theory in the United States, it is a school devoted to sifting and celebrating the purposes of the criminal law. Discussions in the literature are dominated by endless recitals of the deterrent, rehabilitative and retributive functions of criminal sanctions. The orthodox view is that all of these purposes are relevant and that any proposed rule of criminal law must be measured by its tendency to further one or all of these goals. If the issue is punishing negligence, for example, the standard mode of analysis is to ask whether punishing negligent …