Open Access. Powered by Scholars. Published by Universities.®
Criminology and Criminal Justice Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Deterrence (2)
- Model Penal Code (2)
- Capital punishment (1)
- Crime-control (1)
- Criminal liability and punishment (1)
-
- Death penalty (1)
- Deontological desert (1)
- Desert (1)
- Distributive principle for criminal liability and punishment (1)
- Domestic violence (1)
- Drug offenses (1)
- Empirical desert (1)
- Incapacitation of the dangerous (1)
- Intuitions of justice (1)
- Law and film (1)
- Media coverage of crime (1)
- Payne v. Tennessee (1)
- Punishment theory (1)
- Purpose of criminal law (1)
- Rehabilitation (1)
- Retributivists (1)
- Sentencing (1)
- Social science research and law (1)
- Strict liability (1)
- Victim impact evidence (1)
- Victim’s rights (1)
- Video evidence (1)
- Visual legal advocacy (1)
- “three strikes (1)
- ” felony murder (1)
Articles 1 - 3 of 3
Full-Text Articles in Criminology and Criminal Justice
The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig
The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig
All Faculty Scholarship
For more than half a century, the retributivists and the crime-control instrumentalists have seen themselves as being in an irresolvable conflict. Social science increasingly suggests, however, that this need not be so. Doing justice may be the most effective means of controlling crime. Perhaps partially in recognition of these developments, the American Law Institute's recent amendment to the Model Penal Code's "purposes" provision – the only amendment to the Model Code in the 47 years since its promulgation – adopts desert as the primary distributive principle for criminal liability and punishment. That shift to desert has prompted concerns by two …
The Ongoing Revolution In Punishment Theory: Doing Justice As Controlling Crime, Paul H. Robinson
The Ongoing Revolution In Punishment Theory: Doing Justice As Controlling Crime, Paul H. Robinson
All Faculty Scholarship
This lecture offers a broad review of current punishment theory debates and the alternative distributive principles for criminal liability and punishment that they suggest. This broader perspective attempts to explain in part the Model Penal Code's recent shift to reliance upon desert and accompanying limitation on the principles of deterrence, incapacitation, and rehabilitation.
Documentation, Documentary, And The Law: What Should Be Made Of Victim Impact Videos?, Regina Austin
Documentation, Documentary, And The Law: What Should Be Made Of Victim Impact Videos?, Regina Austin
All Faculty Scholarship
Since the Supreme Court sanctioned the introduction of victim impact evidence in the sentencing phase of capital cases in Payne v. Tennessee, 501 U.S. 808 (1991), there have been a number of reported decisions in which that evidence has taken the form of videos composed of home-produced still photographs and moving images of the victim. Most of these videos were first shown at funerals or memorial services and contain music appropriate for such occasions. This article considers the probative value of victim impact videos and responds to the call of Justice John Paul Stevens, made in a statement regarding the …