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Social Control, Law, Crime, and Deviance Commons™
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Articles 1 - 4 of 4
Full-Text Articles in Social Control, Law, Crime, and Deviance
Forgiveness In Criminal Procedure, Stephanos Bibas
Forgiveness In Criminal Procedure, Stephanos Bibas
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Though forgiveness and mercy matter greatly in social life, they play fairly small roles in criminal procedure. Criminal procedure is dominated by the state, whose interests in deterring, incapacitating, and inflicting retribution leave little room for mercy. An alternative system, however, would focus more on the needs of human participants. Victim-offender mediation, sentencing discounts, and other mechanisms could encourage offenders to express remorse, victims to forgive, and communities to reintegrate and employ offenders. All of these actors could then better heal, reconcile, and get on with their lives. Forgiveness and mercy are not panaceas: not all offenders and victims would …
Intuitions Of Justice: Implications For Criminal Law And Justice Policy, Paul H. Robinson, John M. Darley
Intuitions Of Justice: Implications For Criminal Law And Justice Policy, Paul H. Robinson, John M. Darley
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Recent social science research suggests that many if not most judgements about criminal liability and punishment for serious wrongdoing are intuitional rather than reasoned. Further, such intuitions of justice are nuanced and widely shared, even though they concern matters that seem quite complex and subjective. While people may debate the source of these intuitions, it seems clear that, whatever their source, it must be one that is insulated from the influence of much of human experience because, if it were not, one would see differences in intuitions reflecting the vast differences in human existence across demographics and societies. This article …
Originalism And Its Discontents (Plus A Thought Or Two About Abortion), Mitchell N. Berman
Originalism And Its Discontents (Plus A Thought Or Two About Abortion), Mitchell N. Berman
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No abstract provided.
On The Moral Structure Of White-Collar Crime, Mitchell N. Berman
On The Moral Structure Of White-Collar Crime, Mitchell N. Berman
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No abstract provided.