Document Type
Book Chapter
Publication Date
2014
Abstract
This essay argues that community views ought to have a central role in constructing criminal law and punishment rules, for both democratic and crime-control reasons, but ought not to have a role in the adjudication of individual cases. The differences in the American and Chinese debates on these issues are examined and discussed.
Keywords
Empirical desert, moral credibility, stigmatize, vigilantism, social norms, utility of desert, disutility of injustice, community views, retributivism, three-strikes, drug penalties, felony-murder rule, insanity defense, strict liability offenses, American and Chinese debates
Publication Title
Popular Punishment: On the Normative Significance of Public Opinion
Repository Citation
Robinson, Paul H., "The Proper Role of Community in Determining Criminal Liability and Punishment" (2014). All Faculty Scholarship. 434.
https://scholarship.law.upenn.edu/faculty_scholarship/434
Included in
Criminal Law Commons, Criminology Commons, Law and Society Commons, Public Law and Legal Theory Commons
Publication Citation
in Popular Punishment: On the Normative Significance of Public Opinion (Jesper Ryberg and Julian A. Roberts eds., Oxford University Press 2014).