Time and Punishment

Abstract:     
Right now, this abstract is a placeholder for a paper I am developing that examines the normative conundra associated with how the passage of time affects the institutional imposition and distribution of punishment in criminal law and procedure. Specifically, I explore what principles have been articulated by courts and other political actors to justify temporal limits on criminal responsibility such as those found in statutes of limitations; determinations of offender competence pre-, during, and post-adjudication; the effects of intervening changes in the law and related issues of retroactivity; and choices regarding consecutive and concurrent sentencing. I am chiefly interested in explaining what the time constraints are in the context of criminal law, and whether they endure bare scrutiny. This paper is still gestating, so suggestions from readers of this abstract are welcome.

Keywords: Time, punishment, criminal law, criminal procedure

working papers series