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2004

Criminal Law

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Criminal Justice In The Information Age: A Punishment Theory Paradox, Paul H. Robinson Mar 2004

Criminal Justice In The Information Age: A Punishment Theory Paradox, Paul H. Robinson

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This paper suggests how the information age might produce high capture and conviction rates and speculates on the effect of such developments on the criminal justice system's punishment theory. The low rate at which offenders presently are punished makes a deterrent threat of official sanction of limited effect. With a high punishment rate, however, a distribution of liability and punishment based upon a deterrence principle might, for the first time, make sense. On the other hand, the greater deterrent effect might eliminate crime as a serious social concern. And, without the pressure of a serious crime problem, the theory for …