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Robinson supports the proposed "purposes" text of the New American Law Institute Report on Sentencing Reform but argues that in practice it will not mean what traditional utilitarians, like those supporting "limiting retributivism," are expecting. First, the proposed text allows reliance upon...
Persistent link: https://www.econbiz.de/10005459205
Does criminal law deter? Given available behavioral science data, the short answer is: generally, no. Having a criminal justice system that imposes liability and punishment for violations deters.1 Allocation of police resources or the use of enforcement methods that dramatically increase the...
Persistent link: https://www.econbiz.de/10005459207
Mens Rea, or "guilty mind," marks a central distinguishing feature of criminal law. An injury caused without mens rea might be grounds for civil liability but typically not for criminal. Criminal liability requires not only causing a prohibited harm or evil -- the "actus reus" of an offense --...
Persistent link: https://www.econbiz.de/10005585198
Because they track the Model Penal Code, current criminal law formulations of risk offenses typically fail to distinguish the rule of conduct question - What risks does the criminal law prohibit? - from the adjudication question - When is a particular violator's conscious disregard of, or his...
Persistent link: https://www.econbiz.de/10005585200
This paper suggests how the information age might produce high capture and conviction rates and speculates on the effect of such developments on the criminal justice system's punishment theory. The low rate at which offenders presently are punished makes a deterrent threat of official sanction...
Persistent link: https://www.econbiz.de/10005752643
Other contributors to this Symposium suggest a variety of changes to the Model Penal Code that they think justify producing a Model Penal Code Second. We offer such suggestions elsewhere. We want to use this space to discuss a slightly different, but related, subject: the need for, and potential...
Persistent link: https://www.econbiz.de/10005178559
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Examines the importance of training engineers, particularly in the field of robotics. Discusses the paucity of courses at universities and compares this with the greater number of courses at technical colleges. Explains factors which inhibit the development of relevant courses; discusses...
Persistent link: https://www.econbiz.de/10014832247