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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

2014

in Popular Punishment: On the Normative Significance of Public Opinion (Jesper Ryberg and Julian A. Roberts eds., Oxford University Press 2014).
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: 12

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: July 27, 2014

Suggested Citation

Robinson, Paul H., The Proper Role of the Community in Determining Criminal Liability and Punishment (2014). in Popular Punishment: On the Normative Significance of Public Opinion (Jesper Ryberg and Julian A. Roberts eds., Oxford University Press 2014).; 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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