Perceptions of fairness and justice: the shared arms and occasional conflicts of legitimacy and moral credibility
J Bowers, PH Robinson - Wake Forest L. Rev., 2012 - HeinOnline
PERCEPTIONS OF FAIRNESS AND JUSTICE: THE SHARED AIMS AND OCCASIONAL
CONFLICTS OF LEGITIMACY AND MORAL CREDIBILITY Page 1 PERCEPTIONS OF …
CONFLICTS OF LEGITIMACY AND MORAL CREDIBILITY Page 1 PERCEPTIONS OF …
Putting desert in its place
C Slobogin, L Brinkley-Rubinstein - Stan. L. Rev., 2013 - HeinOnline
The age-old debate among criminal law theoreticians over whether desert or prevention
ought to drive criminal justice has taken on a new cast during the past few years. The old …
ought to drive criminal justice has taken on a new cast during the past few years. The old …
Retributive justice and the demands of democratic citizenship
D Markel - Va. J. Crim. L., 2012 - HeinOnline
This article reveals and responds to the democracy deficit in certain retributivist approaches
to criminal law. Democracy deficits arise when we insufficiently respect the moral authority of …
to criminal law. Democracy deficits arise when we insufficiently respect the moral authority of …
Constitutionally Tailoring Punishment
RA Bierschbach, S Bibas - Mich. L. Rev., 2013 - HeinOnline
In the late twentieth century, the Supreme Court largely restricted constitutional sentencing
law to capital cases, proclaiming that under the Eighth Amendment," death is different."'But …
law to capital cases, proclaiming that under the Eighth Amendment," death is different."'But …
Proportional mens rea and the future of criminal code reform
M Serota - Wake Forest L. Rev., 2017 - HeinOnline
The topic of mens rea has historically played a foundational role in both motivating and
guiding criminal code reform efforts. For example, the centerpiece of the most influential …
guiding criminal code reform efforts. For example, the centerpiece of the most influential …
Perceptions of fairness and justice: The shared aims & occasional conflicts of legitimacy and moral credibility
J Bowers, PH Robinson - Wake Forest Law Review, 2012 - papers.ssrn.com
A growing literature on procedural fairness suggests that there is practical value in
enhancing a criminal justice system's" legitimacy" with the community it governs by adopting …
enhancing a criminal justice system's" legitimacy" with the community it governs by adopting …
Emotive riot sentencing remarks: Qualitative analysis of the English judicial perspective.
M Lowenstein - Internet Journal of Criminology, 2016 - eprints.bournemouth.ac.uk
The judicial response to the riot context via their sentencing remarks has an important, yet
hitherto unexplained emotive meaning. It would appear that such remarks have repeatedly …
hitherto unexplained emotive meaning. It would appear that such remarks have repeatedly …
The Eighth Amendment as a Warrant Against Undeserved Punishment
SW Howe - Wm. & Mary Bill Rts. J., 2013 - HeinOnline
ABSTRACT Should the Eighth Amendment prohibit all undeserved criminal convictions and
punishments? There are grounds to argue that it must. Correlation between the level of …
punishments? There are grounds to argue that it must. Correlation between the level of …
Promoting Equality Through Empirical Desert
I Rudyak - Tex. A&M L. Rev., 2019 - HeinOnline
According to empirical desert theory, good utilitarian grounds exist for distributing criminal
punishment pursuant to the (retributive) intuitions of the lay community on criminal liability …
punishment pursuant to the (retributive) intuitions of the lay community on criminal liability …
Proportionalities
Y Lee - Notre Dame L. Rev. Reflection, 2023 - HeinOnline
A recent article, Preventing Undeserved Punishment, by Marah Stith McLeod begins with a
reminder of some current problems with criminal law and punishment in our society, such as …
reminder of some current problems with criminal law and punishment in our society, such as …