Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Punishment

SelectedWorks

2010

Articles 1 - 4 of 4

Full-Text Articles in Law

Sexting: Risky Or [F]Risky? An Examination Of The Current And Future Legal Treatment Of Sexting In The United States, Krupa A. Shah May 2010

Sexting: Risky Or [F]Risky? An Examination Of The Current And Future Legal Treatment Of Sexting In The United States, Krupa A. Shah

Krupa A. Shah

No abstract provided.


Modal Retributivism: A Theory Of Sanctions For Attempts And Other Criminal Wrongs, Anthony M. Dillof Apr 2010

Modal Retributivism: A Theory Of Sanctions For Attempts And Other Criminal Wrongs, Anthony M. Dillof

Anthony M. Dillof

How much punishment, in terms of size and severity, should a person get committing for a given offense? Operating in a deontological framework, the article attempts to answer the question of criminal punishment severity in a unified, principled manner. There is a wide-spread intuition that when it comes to figuring out what punishment a person deserves, &#;harm matters.&#; The idea that Aharm matters@ is the basis for harm-based retributivism. The article begins by critiquing harm-based retributivism. Proponents of harm-based retributivism believe that attempts should be punished less than completed offenses, but how much less? One-half? Three-quarters? The problem with harm-based …


Book Review - When Brute Force Fails: How To Have Less Crime And Less Punishment, John J. Donohue Mar 2010

Book Review - When Brute Force Fails: How To Have Less Crime And Less Punishment, John J. Donohue

John Donohue

Two of the most dramatic social phenomena of the last half century in the United States are the substantial rise in crime that occurred during the 1960s and the equally dramatic drop in crime that began roughly contemporaneously with the advent of the Clinton Administration. The good news is that we have improved things from the violent and crime-filled days of the late 1980s and early 1990s; the bad news is that we have increased our prison population immensely in the effort. We may now be enjoying the return to the crime levels of the early 1960s, but we also …


Modal Retributivism: A Theory Of Sanctions For Attempts And Other Criminal Wrongs, Anthony M. Dillof Feb 2010

Modal Retributivism: A Theory Of Sanctions For Attempts And Other Criminal Wrongs, Anthony M. Dillof

Anthony M. Dillof

How much punishment, in terms of size and severity, should a person get committing for a given offense? Operating in a deontological framework, the article attempts to answer the question of criminal punishment severity in a unified, principled manner. There is a wide-spread intuition that when it comes to figuring out what punishment a person deserves, harm matters. The idea that “harm matters” is the basis for harm-based retributivism. The article begins by critiquing harm-based retributivism. Proponents of harm-based retributivism believe that attempts should be punished less than completed offenses, but how much less? One-half? Three-quarters? The problem with harm-based …