- Title Pages
- Current Legal Publications
- General Editor's Preface
- List of Tables
- List of Figures
- Notes on Contributors
- 1 Law and Psychology: Issues for Today
- 2 Breaking Down the Barriers
- 3 Therapeutic Jurisprudence: Enhancing the Relationship Between Law and Psychology<sup>*</sup>
- 4 Legal Decision Making: Psychological Reality Meets Legal Idealism<sup>1</sup> <sup>2</sup>
- 5 Can Cognitive Neuroscience Make Psychology a Foundational Discipline for the Study of Law?
- 6 How Psychology is Changing the Punishment Theory Debate
- 7 Modelling Systematic Communication Differences between Law and Science
- 8 Cognitive Errors, Individual Differences, and Paternalism
- 9 Developmentally Appropriate Interview Techniques
- 10 Nothing But the Truth: Achieving Best Evidence Through Interviewing in the Forensic Setting
- 11 Lie Detection Assessments as Evidence in Criminal Courts
- 12 Towards a Broader Perspective on the Problem of Mistaken Identification: Police Decision-Making and Identification Procedures
- 13 Child Witness Testimony: What Do We Know and Where Are We Going?
- 14 The Controversy over Psychological Evidence in Family Law Cases
- 15 Domestic Violence and Child Protection: Can Psychology Inform Legal Decisions?
- 16 Legal and Psychological Approaches to Understanding Domestic Violence for American Indian Women
- 17 Worlds Colliding: Legal Regulation and Psychologists' Evidence about Workplace Bullying
- 18 Psychology, Law, and Murders of Gay Men: Responding to Homosexual Advances
- 19 Trial by Jury Involving Persons Accused of Terrorism or Supporting Terrorism
- 20 Illuminating or Blurring the Truth:<sup>1</sup> Jurors, Juries, and Expert Evidence
- 21 Conflicts over Territory: Anti-Social Behaviour Legislation and Young People
- 22 Psychology as Reconstituted by Education and Law: The Case of Children with Autism
- 23 The Construction of Memory through Law and Law's Responsiveness to Children<sup>1</sup>
- 24 A Dual Process that Disables the Persuasive Impact of Mass Media Appeals to Obey Tax Laws<sup>*</sup>
- 25 Consumer Bankruptcy Reform and the Heuristic Borrower
- 26 Regulating Prostitution
- 27 Psychoanalysis and the Nazis<sup>1</sup>
- Index
How Psychology is Changing the Punishment Theory Debate
How Psychology is Changing the Punishment Theory Debate
- Chapter:
- (p.94) 6 How Psychology is Changing the Punishment Theory Debate
- Source:
- Law and Psychology
- Author(s):
Paul H Robinson
- Publisher:
- Oxford University Press
This chapter shows how psychology is changing the debate about the theory of punishment. Psychology has been more successful, it may be thought, in helping the law to get its best evidence in forensic settings. The American Law Institute's proposed change in the Model Penal Code's ‘purposes’ section is also considered. Under the proposal, the traditional utilitarian mechanisms of deterrence, rehabilitation, and incapacitation can be given play only if they are not inconsistent with an offender's deserved punishment and if there is some evidence to think that they would be effective in that situation.
Keywords: law, psychology, punishment, legal process, Penal Code, deterrence, rehabilitation, incapacitation
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
Please, subscribe or login to access full text content.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .
- Title Pages
- Current Legal Publications
- General Editor's Preface
- List of Tables
- List of Figures
- Notes on Contributors
- 1 Law and Psychology: Issues for Today
- 2 Breaking Down the Barriers
- 3 Therapeutic Jurisprudence: Enhancing the Relationship Between Law and Psychology<sup>*</sup>
- 4 Legal Decision Making: Psychological Reality Meets Legal Idealism<sup>1</sup> <sup>2</sup>
- 5 Can Cognitive Neuroscience Make Psychology a Foundational Discipline for the Study of Law?
- 6 How Psychology is Changing the Punishment Theory Debate
- 7 Modelling Systematic Communication Differences between Law and Science
- 8 Cognitive Errors, Individual Differences, and Paternalism
- 9 Developmentally Appropriate Interview Techniques
- 10 Nothing But the Truth: Achieving Best Evidence Through Interviewing in the Forensic Setting
- 11 Lie Detection Assessments as Evidence in Criminal Courts
- 12 Towards a Broader Perspective on the Problem of Mistaken Identification: Police Decision-Making and Identification Procedures
- 13 Child Witness Testimony: What Do We Know and Where Are We Going?
- 14 The Controversy over Psychological Evidence in Family Law Cases
- 15 Domestic Violence and Child Protection: Can Psychology Inform Legal Decisions?
- 16 Legal and Psychological Approaches to Understanding Domestic Violence for American Indian Women
- 17 Worlds Colliding: Legal Regulation and Psychologists' Evidence about Workplace Bullying
- 18 Psychology, Law, and Murders of Gay Men: Responding to Homosexual Advances
- 19 Trial by Jury Involving Persons Accused of Terrorism or Supporting Terrorism
- 20 Illuminating or Blurring the Truth:<sup>1</sup> Jurors, Juries, and Expert Evidence
- 21 Conflicts over Territory: Anti-Social Behaviour Legislation and Young People
- 22 Psychology as Reconstituted by Education and Law: The Case of Children with Autism
- 23 The Construction of Memory through Law and Law's Responsiveness to Children<sup>1</sup>
- 24 A Dual Process that Disables the Persuasive Impact of Mass Media Appeals to Obey Tax Laws<sup>*</sup>
- 25 Consumer Bankruptcy Reform and the Heuristic Borrower
- 26 Regulating Prostitution
- 27 Psychoanalysis and the Nazis<sup>1</sup>
- Index
