Document Type
Article
Publication Date
2010
Abstract
This lecture offers a broad review of current punishment theory debates and the alternative distributive principles for criminal liability and punishment that they suggest. This broader perspective attempts to explain in part the Model Penal Code's recent shift to reliance upon desert and accompanying limitation on the principles of deterrence, incapacitation, and rehabilitation.
Keywords
punishment theory, distributive principle for criminal liability and punishment, deterrence, incapacitation of the dangerous, rehabilitation, empirical desert, deontological desert, Model Penal Code
Publication Title
Arizona State Law Journal
Repository Citation
Robinson, Paul H., "The Ongoing Revolution in Punishment Theory: Doing Justice as Controlling Crime" (2010). All Faculty Scholarship. 285.
https://scholarship.law.upenn.edu/faculty_scholarship/285
Included in
Criminal Law Commons, Criminology Commons, Criminology and Criminal Justice Commons, Law and Society Commons, Law Enforcement and Corrections Commons
Publication Citation
42 Ariz. St. L.J. 1089 (2010).