The Anti-Blackstonians

114 Pages Posted: 21 Mar 2018

Date Written: March 21, 2018


The writings of four authors — Daniel Epps, Larry Laudan (writing alone and with Ronald J. Allen) and Paul G. Casell — related to the Blackstone principle or the Blackstone ratio are analyzed and criticized herein. Their writings are labeled anti-Blackstonian because in my view view their programs would (1) seriously weaken defendants’ rights, (2) not reduce wrongful convictions, and (3) not enhance public safety. This critique is written from the context of the innocence movement, analyses of criminologists related to the Blackstone ratio, and a deeply flawed criminal justice system.

Keywords: Wrongful Conviction, Blackstone Ratio, Blackstone Principle, Innocence Movement, Incapacitation

Suggested Citation

Zalman, Marvin, The Anti-Blackstonians (March 21, 2018). Available at SSRN: or

Marvin Zalman (Contact Author)

Wayne State University ( email )

Department of Physiology, Wayne State University
Detroit, MI 48202
United States

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