Public Wrongs and the ‘Criminal Law’s Business’: When Victims Won’t Share

CRIME, PUNISHMENT, AND RESPONSIBILITY: THE JURISPRUDENCE OF ANTONY DUFF, Rowan Cruft, Matthew H. Kramer, and Mark R. Reiff, eds., Oxford University Press, 2011

Villanova Law/Public Policy Research Paper No. 2011-08

20 Pages Posted: 2 Jul 2011  

Michelle Madden Dempsey

Villanova University School of Law

Date Written: May 1, 2011

Abstract

Amongst the many valuable contributions that Professor Antony Duff has made to criminal law theory is his account of what it means for a wrong to be public in character. In this chapter, I sketch an alternative way of thinking about criminalization, one which attempts to remain true to the important insights that illuminate Duff’s account, while providing (it is hoped) a more satisfying explanation of cases involving victims who reject the criminal law’s intervention.

Keywords: Criminalization, Public/Private, Wrongs, Jurisprudence, Criminal, Law Victims

Suggested Citation

Dempsey, Michelle Madden, Public Wrongs and the ‘Criminal Law’s Business’: When Victims Won’t Share (May 1, 2011). CRIME, PUNISHMENT, AND RESPONSIBILITY: THE JURISPRUDENCE OF ANTONY DUFF, Rowan Cruft, Matthew H. Kramer, and Mark R. Reiff, eds., Oxford University Press, 2011 ; Villanova Law/Public Policy Research Paper No. 2011-08. Available at SSRN: https://ssrn.com/abstract=1875005

Michelle Madden Dempsey (Contact Author)

Villanova University School of Law ( email )

299 N. Spring Mill Road
Villanova, PA 19085
United States

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