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Punishment

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Full-Text Articles in Criminology

Play Fair With Recidivists, Richard Dagger Jan 2012

Play Fair With Recidivists, Richard Dagger

Political Science Faculty Publications

Retributivists thus face a difficult challenge. Either we must go against the social grain, and perhaps our own intuitions, by insisting that a criminal offense carry the same penalty or punishment no matter how many previous convictions an offender has accrued; or we must find a way to justify the recidivist premium. I shall take the second route here by arguing that recidivism itself is a kind of criminal offense. In developing this argument, I shall rely on Youngjae Lee's insightful analysis of "recidivism as omission." I shall complement his analysis, however, by grounding it in a conception of criminal …

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Playing Fair With Prisoners, Richard Dagger Jan 2012

Playing Fair With Prisoners, Richard Dagger

Political Science Faculty Publications

Oddness aside, however, I think there is much to recommend the attempt to restore rehabilitation to a central place in the practice of punishment. Nor do I think that rehabilitation must displace retribution in that practice. Properly understood, the two aims are not only compatible but also complementary. If we are to understand them properly, though, we shall need to see them as components of a theory of punishment that is grounded in considerations of fair play. Such a theory also has the advantage of offering guidance with regard to other controversial matters of penal policy, such as the question …

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Jean Hampton’S Theory Of Punishment: A Critical Appreciation, Richard Dagger Apr 2011

Jean Hampton’S Theory Of Punishment: A Critical Appreciation, Richard Dagger

Political Science Faculty Publications

Jean Hampton’s work first came to my attention in 1984, when the summer issue of Philosophy & Public Affairs appeared in my mailbox. Hampton’s essay in that issue, “The Moral Education Theory of Punishment,” did not persuade me—or many others, I suspect—that “punishment should not be justified as a deserved evil, but rather as an attempt, by someone who cares, to improve a wayward person” (Hampton 1984, 237). The essay did persuade me, though, that moral education is a plausible aim of punishment, even if it is not the “full and complete justification” Hampton claimed it to be (Hampton 1984, …

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Comments On [Israeli] Proposal For Structuring Judicial Discretion In Sentencing, Paul H. Robinson Mar 2011

Comments On [Israeli] Proposal For Structuring Judicial Discretion In Sentencing, Paul H. Robinson

All Faculty Scholarship

In this essay, Professor Robinson supports the current Israeli proposal for structuring judicial discretion in sentencing, in particular its reliance upon desert as the guiding principle for the distribution of punishment, its reliance upon benchmarks, or “starting-points,” to be adjusted in individual cases by reference to articulated mitigating and aggravating circumstances, and the proposal’s suggestion to use of an expert committee to draft the original guidelines.

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Do Judges Vary In Their Treatment Of Race?, David S. Abrams, Marianne Bertrand, Sendhil Mullainathan Sep 2010

Do Judges Vary In Their Treatment Of Race?, David S. Abrams, Marianne Bertrand, Sendhil Mullainathan

All Faculty Scholarship

Are minorities treated differently by the legal system? Systematic racial differences in case characteristics, many unobservable, make this a difficult question to answer directly. In this paper, we estimate whether judges differ from each other in how they sentence minorities, avoiding potential bias from unobservable case characteristics by exploiting the random assignment of cases to judges. We measure the between-judge variation in the difference in incarceration rates and sentence lengths between African-American and White defendants. We perform a Monte Carlo simulation in order to explicitly construct the appropriate counterfactual, where race does not influence judicial sentencing. In our data set, …

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Restoration But Also More Justice, Stephanos Bibas Jan 2009

Restoration But Also More Justice, Stephanos Bibas

All Faculty Scholarship

This short essay replies to Erik Luna's endorsement of restorative justice. He is right that the goal of healing victims, defendants, and their families is important but all too often neglected by substantive criminal law and procedure, which is far too state-centered and impersonal. The problem with restorative justice is that too often it seeks to sweep away punishment as barbaric and downplays the need for deterrence and incapacitation as well. In short, restorative justice deserves more of a role in American criminal justice. Shorn of its political baggage and reflexive hostility to punishment, restorative justice has much to teach …

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The Influence Of Demographic Factors On The Experience Of House Arrest, Brian K. Payne, Randy R. Gainey Jan 2002

The Influence Of Demographic Factors On The Experience Of House Arrest, Brian K. Payne, Randy R. Gainey

Sociology & Criminal Justice Faculty Publications

A great deal of research has focused on how various groups perceive and experience incarceration. Research into this area is justified on the grounds that understanding will yield information about appropriate strategies to effectively and efficiently supervise, protect, and treat incarcerated offenders. Groups whose incarceration experiences have been considered by criminologists include female prisoners (Enos, 2001; Kruttschnitt, Gartner, & Miller, 2000; Loucks & Zamble, 2000), older prisoners (Edwards, 1998; Fry & Frese, 1992; King & Bass, 2000), and minority prisoners (Frazier, 1995; Wright, 1989). Researchers have also considered the influence that length of sentence has on the incarceration experience. Together, …

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Testing Lay Intuitions Of Justice: How And Why?, Paul H. Robinson May 2000

Testing Lay Intuitions Of Justice: How And Why?, Paul H. Robinson

All Faculty Scholarship

When John Darley and I wrote Justice, Liability, and Blame: Community Views and the Criminal Law, our goal was not to provide the definitive account of lay intuitions of justice but rather to stimulate interest in what we saw as an important but long-term project that would require the work of many people. Having this American Association of Law Schools program is itself something toward that end and for that we thank Christopher Slobogin and Cheryl Hanna. In this brief introduction to the Symposium, let me set the stage by doing four things. Part I of this Article summarizes the …

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A Meaner, More Punitive Nation, Bruce Berner Feb 1990

A Meaner, More Punitive Nation, Bruce Berner

Law Faculty Publications

No abstract provided.

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Deterrence And The Celerity Of The Death Penalty - A Neglected Question In Deterrence Research, William C. Bailey Jun 1980

Deterrence And The Celerity Of The Death Penalty - A Neglected Question In Deterrence Research, William C. Bailey

Sociology & Criminology Faculty Publications

This paper examines the deterrent effect of the celerity of the death penalty on homicide rates. Although in recent years there have been a number of investigations of the certainty of execution and deterrence, the effect of celerity of execution has not been examined empirically. As a result, we can only speculate about the merit of the deterrence hypothesis for the celerity of executions, and how previous deterrence and death penalty investigations may be biased due to celerity being ignored. The deterrent effect of the certainty and celerity of the death penalty on homicide rates is examined cross-sectionally for states. …

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Restitution, Punishment, And Debts To Society, Richard Dagger Jan 1980

Restitution, Punishment, And Debts To Society, Richard Dagger

Political Science Faculty Publications

Of the many developments in the area of criminal justice over the last twenty years or so, the rediscovery of the victim may well be the most heartening. This rediscovery has produced both a new field of study, victimology, and a number of interesting programs and proposals that aim to redress the injuries suffered by the victims of crime. To this point, however, the rediscovery of the victim has not worked a fundamental transformation of our system of criminal justice. The question I wish to address here is whether it should do so.

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Murder And Death Penalty, William C. Bailey Sep 1974

Murder And Death Penalty, William C. Bailey

Sociology & Criminology Faculty Publications

The article examines the relationship between homicide and capital punishment. Studies by several researches have convinced most students of homicide that the ineffectiveness of the death penalty as a deterrent to murder has been demonstrated conclusively. Not all remain convinced, however, of the conclusiveness of the evidence. Comparative examinations of homicide rates before and after abolition, and in some cases, the restoration of the death penalty, have also questioned the efficacy of capital punishment. In sum, the evidence reported here falls within the pattern of previous death penalty investigations which span five decades.

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