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http://ssrn.com/abstract=2186148
 
 

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The Proper Role of the Community in Determining Criminal Liability and Punishment


Paul H. Robinson


University of Pennsylvania Law School

January 25, 2014

in Popular Punishment, J. Ryberg and J. A. Roberts (eds.), Oxford University Press, New York (Forthcoming).
U of Penn Law School, Public Law Research Paper No. 12-49

Abstract:     
This essay argues that community views ought to have a central role in constructing criminal law and punishment rules, for both democratic and crime-control reasons, but ought not to have a role in the adjudication of individual cases. The differences in the American and Chinese debates on these issues are examined and discussed.

Number of Pages in PDF File: 23

Keywords: Empirical desert, moral credibility, stigmatize, vigilantism, social norms, utility of desert, disutility of injustice, community views, retributivism, three-strikes, drug penalties, felony-murder rule, insanity defense, strict liability offenses, American and Chinese debates

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Date posted: December 7, 2012 ; Last revised: May 2, 2014

Suggested Citation

Robinson, Paul H., The Proper Role of the Community in Determining Criminal Liability and Punishment (January 25, 2014). in Popular Punishment, J. Ryberg and J. A. Roberts (eds.), Oxford University Press, New York (Forthcoming).; U of Penn Law School, Public Law Research Paper No. 12-49. Available at SSRN: http://ssrn.com/abstract=2186148 or http://dx.doi.org/10.2139/ssrn.2186148

Contact Information

Paul H. Robinson (Contact Author)
University of Pennsylvania Law School ( email )
3501 Sansom Street
Philadelphia, PA 19104
United States
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