Criminal Law Multitasking

41 Pages Posted: 25 Apr 2014 Last revised: 28 Jan 2016

See all articles by Hadar Dancig-Rosenberg

Hadar Dancig-Rosenberg

UC Berkeley School of Law; Bar-Ilan University

Tali Gal

University of Haifa

Date Written: August 14, 2014


Criminal law pursues multiple goals: retribution, deterrence, expressive justice, rehabilitation, restoration, and reconciliation. Scholars tend to analyze these goals and their implementation in separation from each other, without accounting for their interplay and coordination. A theory of criminal law multitasking is overdue.

This Article sets up a conceptual framework for such a theory. We develop a taxonomy that captures the interplay between various procedures and substantive goals promoted by criminal law. Based on this taxonomy, we discuss five mechanisms of criminal law. We propose that policymakers and law enforcers select one or more of these mechanisms to implement the chosen mix of retribution, deterrence, expressive justice, rehabilitation, restoration, and reconciliation. We provide reasons guiding this selection, among them constructive community involvement, offenders' responsiveness, and integration of victims' rights. We illustrate the operation of our multitasking approach in real-world cases and illustrate its ability to facilitate the implementation of the deferred prosecution and adjudication mechanisms promulgated by the current Draft of the Model Penal Code.

Keywords: Restorative justice, criminal law, criminal procedure, problem-solving courts, taxonomy, Therapeutic Jurisprudence

Suggested Citation

Dancig-Rosenberg, Hadar and Dancig-Rosenberg, Hadar and Gal, Tali, Criminal Law Multitasking (August 14, 2014). Dancig-Rosenberg, Hadar, and Tali Gal. "Criminal Law Multitasking." Lewis & Clark L. Rev. 18 (2014): 893., Available at SSRN:

Hadar Dancig-Rosenberg

UC Berkeley School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

Bar-Ilan University ( email )

Faculty of Law
Ramat Gan, 52900

Tali Gal (Contact Author)

University of Haifa ( email )

199 Abba Khoushy Ave.
Mount Carmel
Haifa, 3498838
972-4-8280743 (Phone)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Abstract Views
PlumX Metrics