Distributive Principles of Criminal Law: Who Should be Punished how Much?
The rules governing who will be punished and how much determine a society's success in two of its most fundamental functions: doing justice and protecting citizens from crime. Drawing from the existing theoretical literature and adding to it recent insights from the social sciences, Paul Robinson describes the nature of the practical challenge in setting rational punishment principles, how past efforts have failed, and the alternatives that have been tried. He ultimately proposes a principle for distributing criminal liability and punishment that will be most likely to do justice and control crime.
Paul Robinson is one of the world's leading criminal law experts. He has been writing about criminal liability and punishment issues for three decades, and has published dozens of influential articles in the best scholarly journals. This long-awaited volume is a brilliant synthesis of social science research and legal reasoning that brings together three decades of work in a compelling line of argument that addresses all of the important issues in assessing liability and punishment.
What people are saying - Write a review
We haven't found any reviews in the usual places.
Distributing Criminal Liability and Punishment
The Need for an Articulated Distributive Principle
Does Criminal Law Deter?
16 other sections not shown
Other editions - View all
amount of punishment behavior blameworthiness Chapter commit commonly community's conception of desert conduct conflict conviction courts crime-control criminal code criminal justice system criminal law rules criminal law's moral criminal liability dangerous Daniel Kahneman Darley defense deontological and empirical deontological desert desert distribution deserved punishment deterrence analysis deterrence-based deterrent effect deterrent threat deviations from desert distributive principle doctrinal drafters drug empirical desert endpoint example felony formulation future crime greater imposed imprisonment incapacitation inchoate offense increase insanity defense instrumentalist intuitions of justice John Darley judges law's moral credibility liability and punishment ment Model Penal Code norms offender's ordinal ranking Paul H perceived percent person police potential offenders preventive detention programs punishment continuum punitive bite reason recidivism rehabilitation requires restorative justice restorative processes retributivism Robinson sanctions sentencing guidelines shared intuitions social strict liability studies suggests supra note system's moral credibility tion vengeful desert vicarious liability victim violation