Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal justice (2)
- Deterrence (2)
- Legal theory (2)
- Model Penal Code (2)
- Moral intuitions & judgments (2)
-
- Social psychology (2)
- Capital punishment (1)
- Climate Change (1)
- Crime-control (1)
- Criminal liability and punishment (1)
- Death penalty (1)
- Deontological desert (1)
- Desert (1)
- Distributive principle for criminal liability and punishment (1)
- Domestic violence (1)
- Drug offenses (1)
- Emission Trading System (1)
- Empirical desert (1)
- Environmental Law and Economics (1)
- Incapacitation of the dangerous (1)
- Intuitions of justice (1)
- Law and film (1)
- Media coverage of crime (1)
- Payne v. Tennessee (1)
- Punishment theory (1)
- Purpose of criminal law (1)
- Rehabilitation (1)
- Retributivists (1)
- Sentencing (1)
- Social science research and law (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig
The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig
All Faculty Scholarship
For more than half a century, the retributivists and the crime-control instrumentalists have seen themselves as being in an irresolvable conflict. Social science increasingly suggests, however, that this need not be so. Doing justice may be the most effective means of controlling crime. Perhaps partially in recognition of these developments, the American Law Institute's recent amendment to the Model Penal Code's "purposes" provision – the only amendment to the Model Code in the 47 years since its promulgation – adopts desert as the primary distributive principle for criminal liability and punishment. That shift to desert has prompted concerns by two …
The Effect Of Allowing Pollution Offsets With Imperfect Enforcement, Hilary A. Sigman, Howard F. Chang
The Effect Of Allowing Pollution Offsets With Imperfect Enforcement, Hilary A. Sigman, Howard F. Chang
All Faculty Scholarship
Several pollution control regimes, including climate change policies, allow polluters in one sector subject to an emissions cap to offset excessive emissions in that sector with pollution abatement in another sector. The government may often find it more costly to verify offset claims than to verify compliance with emissions caps, and concerns about difficulties in enforcement may lead regulators to restrict the use of offsets. In this paper, we demonstrate that allowing offsets may increase pollution abatement and reduce illegal pollution, even if the government has a fixed enforcement budget. We explore the circumstances that may make it preferable to …
Documentation, Documentary, And The Law: What Should Be Made Of Victim Impact Videos?, Regina Austin
Documentation, Documentary, And The Law: What Should Be Made Of Victim Impact Videos?, Regina Austin
All Faculty Scholarship
Since the Supreme Court sanctioned the introduction of victim impact evidence in the sentencing phase of capital cases in Payne v. Tennessee, 501 U.S. 808 (1991), there have been a number of reported decisions in which that evidence has taken the form of videos composed of home-produced still photographs and moving images of the victim. Most of these videos were first shown at funerals or memorial services and contain music appropriate for such occasions. This article considers the probative value of victim impact videos and responds to the call of Justice John Paul Stevens, made in a statement regarding the …
A Core Of Agreement, Donald Braman, Dan M. Kahan, David A. Hoffman
A Core Of Agreement, Donald Braman, Dan M. Kahan, David A. Hoffman
All Faculty Scholarship
In this short comment, we respond to papers by Robinson, Kurzban, and Jones (RKJ) and by Darley, who replied to our paper, Punishment Naturalism. We align ourselves wholeheartedly with Darley’s argument that intuitions of criminal wrongdoing, while mediated by cognitive mechanisms that are largely universal, consist in evaluations that vary significantly across cultural groups. RKJ defend their finding of “universal” intuitions of “core” of criminal wrongdoing. They acknowledge, however, that their method for identifying the core excludes by design factors that predictably generate cultural variance in what behavior counts as murder, rape, theft and other “core” offenses. On this basis, …
The Ongoing Revolution In Punishment Theory: Doing Justice As Controlling Crime, Paul H. Robinson
The Ongoing Revolution In Punishment Theory: Doing Justice As Controlling Crime, Paul H. Robinson
All Faculty Scholarship
This lecture offers a broad review of current punishment theory debates and the alternative distributive principles for criminal liability and punishment that they suggest. This broader perspective attempts to explain in part the Model Penal Code's recent shift to reliance upon desert and accompanying limitation on the principles of deterrence, incapacitation, and rehabilitation.
Some Realism About Punishment Naturalism, Donald Braman, Dan M. Kahan, David A. Hoffman
Some Realism About Punishment Naturalism, Donald Braman, Dan M. Kahan, David A. Hoffman
All Faculty Scholarship
In this paper we critique the increasingly prominent claims of punishment naturalism – the notion that highly nuanced intuitions about most forms of crime and punishment are broadly shared, and that this agreement is best explained by a particular form of evolutionary psychology. While the core claims of punishment naturalism are deeply attractive and intuitive, they are contradicted by a broad array of studies and depend on a number of logical missteps. The most obvious shortcoming of punishment naturalism is that it ignores empirical research demonstrating deep disagreements over what constitutes a wrongful act and just how wrongful it should …