Under the formal procedural rules, fact-finders are required to apply a uniform standard of proof in all criminal cases. Experimental studies as well as real world examples indicate, however, that fact-finders often adjust the evidentiary threshold for conviction in accordance with the severity...

Some theorists argue that a complete understanding of criminal punishment presupposes a theory of state power. Since the state is uniquely assigned with the task of inflicting criminal sanctions, the mere fact that the criminal deserves to be punished cannot in itself justify the infliction of...