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Punishment

Missouri Law Review

2006

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Victimhood, Jessie K. Liu Jan 2006

Victimhood, Jessie K. Liu

Missouri Law Review

Part I of this paper examines the theoretical tension between using the total harm caused by a convicted defendant to determine the proper punishment and limiting the categories of harm for which punishment can be imposed. This is the equivalent in the criminal context of the problem discussed in the classic tort case of Palsgraf v Long Island Railroad. How should a legal regime limit the universe of victims? Part II provides a brief overview of pre-Guidelines decisions defining the term "victim" for sentencing purposes, focusing in particular on constitutional decisions about victim participation. Although the Sentencing Guidelines have made …