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Jurisprudence

Selected Works

Criminal justice

Articles 1 - 4 of 4

Full-Text Articles in Law

Should Robots Prosecute And Defend?, Stephen E. Henderson Dec 2018

Should Robots Prosecute And Defend?, Stephen E. Henderson

Stephen E Henderson

Even when we achieve the ‘holy grail’ of artificial intelligence—machine intelligence that is at least as smart as a human being in every area of thought—there may be classes of decisions for which it is intrinsically important to retain a human in the loop. On the common account of American criminal adjudication, the role of prosecutor seems to include such decisions given the largely unreviewable declination authority, whereas the role of defense counsel would seem fully susceptible of automation. And even for the prosecutor, the benefits of automation might outweigh the intrinsic decision-making loss, given that the ultimate decision—by judge …

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Do We Know How To Punish?, Benjamin L. Apt Jul 2015

Do We Know How To Punish?, Benjamin L. Apt

Benjamin L. Apt

A number of current theories attempt to explain the purpose and need for criminal punishment. All of them depend on some sort of normative basis in justifying why the state may penalize people found guilty of crimes. Yet each of these theories lacks an epistemological foundation; none of them explains how we can know what form punishments should take. The article analyses the epistemological gaps in the predominant theories of punishment: retributivism, including limited-retributivism; and consequentialism in its various versions, ranging from deterrence to the reparative theories such as restorative justice and rehabilitation. It demonstrates that the common putative epistemological …

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Rotten Social Background And The Temper Of The Times, Angela P. Harris Dec 2011

Rotten Social Background And The Temper Of The Times, Angela P. Harris

Angela P Harris

This essay was submitted to the Alabama Civil Rights and Civil Liberties Law review as part of a symposium on Richard Delgado's essay on "Rotten Social Background." Its publication has been delayed by the destruction caused by the Tuscaloosa/Birmingham tornado in the spring of 2011.

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Gender Violence, Race, And Criminal Justice, Angela P. Harris Dec 1999

Gender Violence, Race, And Criminal Justice, Angela P. Harris

Angela P Harris

No abstract provided.

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