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Social Control, Law, Crime, and Deviance Commons™
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Articles 1 - 5 of 5
Full-Text Articles in Social Control, Law, Crime, and Deviance
Apprendi And The Dynamics Of Guilty Pleas, Stephanos Bibas
Apprendi And The Dynamics Of Guilty Pleas, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
Comments On [Israeli] Proposal For Structuring Judicial Discretion In Sentencing, Paul H. Robinson
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.
Gene-Environment Interactions, Criminal Responsibility, And Sentencing, Stephen J. Morse
Gene-Environment Interactions, Criminal Responsibility, And Sentencing, Stephen J. Morse
All Faculty Scholarship
This chapter in, Gene-Environment Interactions in Developmental Psychopathology (K. Dodge & M. Rutter, eds. 2011), considers the relevance of GxE to criminal responsibility and sentencing. It begins with a number of preliminary assumptions that will inform the analysis. It then turns to the law’s view of the person, including the law’s implicit psychology, and the criteria for criminal responsibility. A few false starts or distractions about responsibility are disposed of briefly. With this necessary background in place, the chapter then turns specifically to the relation between GxE and criminal responsibility. It suggests that GxE causes of criminal behavior have no …
Severe Environmental Deprivation (Aka Rsb): A Tragedy, Not A Defense, Stephen J. Morse
Severe Environmental Deprivation (Aka Rsb): A Tragedy, Not A Defense, Stephen J. Morse
All Faculty Scholarship
This article is a contribution to a symposium issue of the Alabama Civil Rights & Civil Liberties Law Review devoted to whether severe environmental deprivation, sometimes termed rotten social background, should be a defense to crime and why it has not been adopted. I begin by presenting the framework I apply for thinking about such problems. I then identify the main theses Professors Richard Delgado and Andrew Taslitz present and consider their merits. Next, I turn to the arguments of the other papers by Professors Paul Robinson, Erik Luna and Angela Harris. I make two general arguments: first, that SED …
Criminalization Tensions: Empirical Desert, Changing Norms, And Rape Reform, Paul H. Robinson
Criminalization Tensions: Empirical Desert, Changing Norms, And Rape Reform, Paul H. Robinson
All Faculty Scholarship
This short Article is part of the organizers’ larger Criminalization Project, which seeks, among other things, to develop theories for how criminalization decisions should be made. The argument presented here is that there is instrumentalist, as well as deontological, value in having criminalization decisions that generally track the community’s judgments about what is sufficiently condemnable to be criminal, but that there are also good reasons to deviate from community views. Interestingly, those in the business of social reform may be the ones with the greatest stake in normally tracking community views, in order to avoid community perceptions of the criminal …