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.
Robinson, Paul H., "The Proper Role of Community in Determining Criminal Liability and Punishment" (2014). Faculty Scholarship at Penn Law. 434.