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Full-Text Articles in Law
Briefing Paper On Problems In Redefining "Loss" (U.S. Sentencing Commission Economic Crime Symposium), Frank O. Bowman Iii
Briefing Paper On Problems In Redefining "Loss" (U.S. Sentencing Commission Economic Crime Symposium), Frank O. Bowman Iii
Faculty Publications
On October 12-13, 2000, the U.S. Sentencing Commission sponsored its Third Symposium On Crime and Punishment in the United States: Federal Sentencing Policy for Economic Crimes and New Technology Offenses. The afternoon of the first day of the meeting was devoted to discussing the concept of “loss” as a measurement of defendant culpability and offense seriousness. The conferees were divided into small groups to discuss discrete sub-issues relating to “loss” and its place in sentencing economic crimes under the Guidelines. Following the small group discussions, the discussion leaders (“facilitators”) addressed a plenary session of the conference to report on the …
Testing Lay Intuitions Of Justice: How And Why?, Paul H. Robinson
Testing Lay Intuitions Of Justice: How And Why?, Paul H. Robinson
All Faculty Scholarship
When John Darley and I wrote Justice, Liability, and Blame: Community Views and the Criminal Law, our goal was not to provide the definitive account of lay intuitions of justice but rather to stimulate interest in what we saw as an important but long-term project that would require the work of many people. Having this American Association of Law Schools program is itself something toward that end and for that we thank Christopher Slobogin and Cheryl Hanna. In this brief introduction to the Symposium, let me set the stage by doing four things. Part I of this Article summarizes the …
A Strategy For Mercy, Robert L. Misner
A Strategy For Mercy, Robert L. Misner
William & Mary Law Review
No abstract provided.
The Dead End Of Deterrence, And Beyond, Kyron Huigens
The Dead End Of Deterrence, And Beyond, Kyron Huigens
William & Mary Law Review
No abstract provided.
Continuing Payment Of One's Debt To Society: The German Model Of Felon Disenfranchisement As An Alternative, Nora V. Demleitner
Continuing Payment Of One's Debt To Society: The German Model Of Felon Disenfranchisement As An Alternative, Nora V. Demleitner
Scholarly Articles
None available.
Framed: Utilitarianism And Punishment Of The Innocent, Guyora Binder, Nicholas J. Smith
Framed: Utilitarianism And Punishment Of The Innocent, Guyora Binder, Nicholas J. Smith
Journal Articles
This paper is a defense of utilitarian penology, against the familiar retributivist charge that it promotes framing the innocent, and other charges similarly depending on the notion that utilitarianism encourages officials to deceive the public. Our defense proceeds from the striking fact that utilitarianism's critics do not cite textual evidence that the originators of utilitarian penology in fact endorsed punishing the innocent or deceiving the public. Instead, critics claim that these unsavory policies follow logically from the premises of utilitarianism. Our argument, in brief, is that the charge of framing the innocent rests on a misunderstanding of utilitarian penology. We …
Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello
Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello
Fordham Urban Law Journal
This article discusses the role of forgiveness in criminal law, focusing specifically on the nature of forgiveness, how and when society should forgive wrongdoers, and the nature of punishment.
Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine
Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine
Fordham Urban Law Journal
A discussion of the Jewish concept of "Teshuva," which provides the possibility of atonement for wrongdoings. The article explores the process of "Teshuva" in depth and describes its relationship and significance to modern criminal law.
Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine
Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine
Fordham Urban Law Journal
A discussion of the Jewish concept of "Teshuva," which provides the possibility of atonement for wrongdoings. The article explores the process of "Teshuva" in depth and describes its relationship and significance to modern criminal law.
Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello
Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello
Fordham Urban Law Journal
This article discusses the role of forgiveness in criminal law, focusing specifically on the nature of forgiveness, how and when society should forgive wrongdoers, and the nature of punishment.