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Crime, Punishment, and ResponsibilityThe Jurisprudence of Antony Duff$
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Rowan Cruft, Matthew H. Kramer, and Mark R. Reiff

Print publication date: 2011

Print ISBN-13: 9780199592814

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199592814.001.0001

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Public Wrongs and the ‘Criminal Law's Business’: When Victims Won't Share

Public Wrongs and the ‘Criminal Law's Business’: When Victims Won't Share

(p.254) 15 Public Wrongs and the ‘Criminal Law's Business’: When Victims Won't Share
Crime, Punishment, and Responsibility

Michelle Madden Dempsey

Oxford University Press

This chapter engages with Professor Duff's account of public wrongs, which features prominently in Duff's more general account of the proper ambit of the criminal law's business. According to this account, a wrong perpetrated against an individual victim becomes a public wrong insofar as it is shared by the victim's community. By focusing on cases involving victims who reject the criminal law's intervention (victims who, in Duff's phrasing, do not wish to share the wrongs done to them), the chapter illustrates an alternative way of thinking about the proper scope of the criminal law's business. This alternative, referred to here in this chapter as the institutional bureaucracy account, provides (it is hoped) a more satisfying explanation of why the criminal law's intervention may be justified even when victims do not wish to share the wrongs done to them.

Keywords:   criminalisation, public wrongs, victim, victim withdrawal, criminal law, wrongs, racism, displacement function, constitutive function

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