Current Law’s Conflicts with Lay Judgments of Justice

Document Type

Book Chapter

Publication Date



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.


criminal law, justice, crime control, judgments, community notions

Publication Title

Intuitions of Justice and the Utility of Desert