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2001

University of Pennsylvania Carey Law School

Law Enforcement and Corrections

Articles 1 - 6 of 6

Full-Text Articles in Law

The Ex Ante Function Of The Criminal Law, Paul H. Robinson, John M. Darley, Kevin M. Carlsmith Jun 2001

The Ex Ante Function Of The Criminal Law, Paul H. Robinson, John M. Darley, Kevin M. Carlsmith

Faculty Scholarship at Penn Law

Criminal legal codes draw clear lines between permissible and illegal conduct, and the criminal justice system counts on people knowing these lines and governing their conduct accordingly. This is the "ex ante" function of the law; lines are drawn, and because citizens fear punishments or believe in the moral validity of the legal codes they do not cross these lines. But do people in fact know the lines that legal codes draw? The fact that several states have adopted laws that deviate from other state laws enables a field experiment to address this question. Residents (N = 203) of states (Wisconsin ...


Punishing Dangerousness: Cloaking Preventative Detention As Criminal Justice, Paul H. Robinson Mar 2001

Punishing Dangerousness: Cloaking Preventative Detention As Criminal Justice, Paul H. Robinson

Faculty Scholarship at Penn Law

Laypersons have traditionally thought of the criminal justice system as being in the business of doing justice: punishing offenders for the crimes they commit. Yet during the past several decades, the justice system's focus has shifted from punishing past crimes to preventing future violations through the incarceration and control of dangerous offenders. Habitual-offender statutes, such as "three strikes" laws, authorize life sentences for repeat offenders. Jurisdictional reforms have decreased the age at which juveniles may be tried as adults. Gang membership and recruitment are now punished. "Megan's Law" statutes require community notification of convicted sex offenders. "Sexual predator ...


Criminal Justice And Black Families: The Collateral Damage Of Over-Enforcement, Dorothy E. Roberts Jan 2001

Criminal Justice And Black Families: The Collateral Damage Of Over-Enforcement, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Judicial Fact-Finding And Sentence Enhancements In A World Of Guilty Pleas, Stephanos Bibas Jan 2001

Judicial Fact-Finding And Sentence Enhancements In A World Of Guilty Pleas, Stephanos Bibas

Faculty Scholarship at Penn Law

No abstract provided.


Criminal Law Scholarship: Three Illusions, Paul H. Robinson Jan 2001

Criminal Law Scholarship: Three Illusions, Paul H. Robinson

Faculty Scholarship at Penn Law

The paper criticizes criminal law scholarship for helping to construct and failing to expose analytic structures that falsely claim a higher level of rationality and coherence than current criminal law theory deserves. It offers illustrations of three such illusions of rationality. First, it is common in criminal law discourse for scholars and judges to cite any of the standard litany of "the purposes of punishment" -- just deserts, deterrence, incapacitation of the dangerous, rehabilitation, and sometimes other purposes -- as a justification for one or another liability rule or sentencing practice. The cited "purpose" gives the rules an aura of rationality, but ...


Law Enforcement By Stereotypes And Serendipity: Racial Profiling And Stops And Searches Without Cause, David Rudovsky Jan 2001

Law Enforcement By Stereotypes And Serendipity: Racial Profiling And Stops And Searches Without Cause, David Rudovsky

Faculty Scholarship at Penn Law

No abstract provided.