Current Law’s Conflicts with Lay Judgments of Justice
Document Type
Book Chapter
Publication Date
4-1-2013
Abstract
This chapter discusses the public shift towards criminal law doctrines that openly violate community notions of justice in pursuit of modern crime control. It begins by considering the ways in which current law systematically deviates from community views. It then examines seven popular crime-control doctrines, most of which have been introduced or expanded since the Model Penal Code-based codifications of the 1960s and 1970s. Next, it reviews a recent study which shows just how seriously these popular doctrines conflict with community views. The final section addresses how such conflicts were able to arise in a democratic society.
Keywords
criminal law, justice, crime control, judgments, community notions
Publication Title
Intuitions of Justice and the Utility of Desert
Repository Citation
Robinson, Paul, "Current Law’s Conflicts with Lay Judgments of Justice" (2013). Book Chapters. 125.
https://scholarship.law.upenn.edu/faculty_chapters/125
https://doi.org/10.1093/acprof:oso/9780199917723.003.0007
DOI
https://doi.org/10.1093/acprof:oso/9780199917723.003.0007