Should Public Blame Replace the Criminal Trial? A Comment on R. A. Duff, the Realm of Criminal Law

Abstract

What should we do in cases in which public blame takes an important role? Should we rely on it and forget about Institutional alternatives? Here I present one of Duff’s new developments from The Realm of Criminal Law that will certainly generate new debates: the right to be prosecuted. I begin with an example followed by an argument that I believe will meet with Duff’s approval. My goal in the paper will be to expand the right to be prosecuted, as presented in The Realm of Criminal Law and argue that the proper solution will be to defend the exercise of the right to be prosecuted and respond to the accusations.

JEL Classification: K14