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Toward A Situational Model For Regulating International Crimes, Andrew K. Woods
Toward A Situational Model For Regulating International Crimes, Andrew K. Woods
Law Faculty Scholarly Articles
The international criminal regime, as currently conceived, relies almost exclusively on the power of backward-looking criminal sanctions to deter future international crimes. This model reflects the dominant mid-century approach to crime control, which was essentially reactive. Since then, domestic criminal scholars and practitioners have developed and implemented new theories of crime control—theories notable for their promise of crime prevention through ex ante attention to community and environmental factors. Community policing crime prevention through environmental design, and related "situational" approaches to crime control have had a significant impact on the administration of domestic criminal law.
This Article evaluates the implications of …
Moral Judgments & International Crimes: The Disutility Of Desert, Andrew K. Woods
Moral Judgments & International Crimes: The Disutility Of Desert, Andrew K. Woods
Law Faculty Scholarly Articles
The international criminal regime exhibits many retributive features, but scholars and practitioners rarely defend the regime in purely retributive terms—that is, by reference to the inherent value of punishing the guilty. Instead, they defend it on the consequentialist grounds that it produces the best policy outcomes, such as deterrence, conflict resolution, and reconciliation. These scholars and practitioners implicitly adopt a behavioral theory known as the "utility of desert," a theory about the usefulness of appealing to people's retributive intuitions. That theory has been critically examined in domestic criminal scholarship but practically ignored in international criminal law.
This Article fills this …
Sentencing: The Good, The Bad, And The Enlightened, Rutheford B. Campbell Jr., Bill Cunningham
Sentencing: The Good, The Bad, And The Enlightened, Rutheford B. Campbell Jr., Bill Cunningham
Law Faculty Scholarly Articles
In June, 1968 the Kentucky Crime Commission, in keeping with legislative instruction, made certain recommendations for a change in Kentucky's current treatment of crime and punishment. Within its report was a suggestion that sentencing in all non-capital criminal cases be rendered by the judge instead of the jury. Thus, it must be emphasized that this discussion is confined only to sentencing in noncapital cases.
The authors have arrived at a definite recommendation which is offered at the conclusion of the paper. It is our opinion that the suggestion outlined is not only the most efficient and proper but also the …