- Title Pages
- Dedication
- Preface and Acknowledgments
- Selected Robinson Bibliography
- List of Tables and Figures
-
PART } I The Nature of Judgments about Justice -
1 } Judgments about Justice as Intuitional and Nuanced -
2 } Judgments about Justice as a Human Universal: Agreements on a Core of Wrongdoing -
3 } The Origins of Shared Intuitions of Justice -
4 } Disagreements about Justice -
5 } Changing People’s Judgments of Justice -
Part } II Should the Criminal Law Care What the Lay Person Thinks Is Just? -
6 } Current Law’s Deference to Lay Judgments of Justice -
7 } Current Law’s Conflicts with Lay Judgments of Justice -
8 } Normative Crime Control: The Utility of Desert -
9 } Building Moral Credibility and the Disutility of Injustice -
10 } Deviations from Empirical Desert -
11 } Implications for Criminal Justice and Other Reform -
PART } III The Content of Lay Judgments of Justice -
12 } Rules of Conduct: Doctrines of Criminalization -
13 } Rules of Conduct: Doctrines of Justification -
14 } Principles of Adjudication: Doctrines of Culpability -
15 } Principles of Adjudication: Doctrines of Excuse -
16 } Principles of Adjudication: Doctrines of Grading -
17 } Law-Community Agreement and Conflict, and Its Implications -
PART } IV Empirical Studies of Lay Judgments of Justice as a Law and Policy Tool -
18 } Explaining History: Shifting Views of Criminality -
19 } Testing Competing Theories: Blackmail -
20 } Testing Competing Theories: Justification Defenses -
21 } Guiding Judicial Discretion: Extralegal Punishment Factors -
22 } Intuitions of Justice & the Utility of Desert - Table of Cases
- Table of MPC
- Index
Guiding Judicial Discretion: Extralegal Punishment Factors
Guiding Judicial Discretion: Extralegal Punishment Factors
- Chapter:
- (p.493) 21 }Guiding Judicial Discretion: Extralegal Punishment Factors
- Source:
- Intuitions of Justice and the Utility of Desert
- Author(s):
Paul H. Robinson
- Publisher:
- Oxford University Press
The criminal law's formal criteria for assessing punishment are typically contained in criminal codes, the rules of which fix an offender's liability and the grade of the offense. A look at how the punishment decision-making process actually works in practice, however, suggests that courts and other decision makers often go beyond the factors that the criminal law formally recognizes. This chapter focuses on these extralegal punishment factors (XPFs). XPFs include matters as diverse as an offender's apology, remorse, history of good or bad deeds, public acknowledgment of guilt, special talents, old age, extralegal suffering from the offense, as well as forgiveness or outrage by the victim. The chapter begins by sketching the different XPFs that are being given effect and illustrates decision makers' reliance on them. It then reports the results of an empirical study, showing which factors have intuitive support among lay persons and to what extent. Finally, it examines the implications of these findings for criminal justice reform.
Keywords: criminal law, punishment, criminal liability, criminal justice reform, lay judgment, lay intuitions
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- Title Pages
- Dedication
- Preface and Acknowledgments
- Selected Robinson Bibliography
- List of Tables and Figures
-
PART } I The Nature of Judgments about Justice -
1 } Judgments about Justice as Intuitional and Nuanced -
2 } Judgments about Justice as a Human Universal: Agreements on a Core of Wrongdoing -
3 } The Origins of Shared Intuitions of Justice -
4 } Disagreements about Justice -
5 } Changing People’s Judgments of Justice -
Part } II Should the Criminal Law Care What the Lay Person Thinks Is Just? -
6 } Current Law’s Deference to Lay Judgments of Justice -
7 } Current Law’s Conflicts with Lay Judgments of Justice -
8 } Normative Crime Control: The Utility of Desert -
9 } Building Moral Credibility and the Disutility of Injustice -
10 } Deviations from Empirical Desert -
11 } Implications for Criminal Justice and Other Reform -
PART } III The Content of Lay Judgments of Justice -
12 } Rules of Conduct: Doctrines of Criminalization -
13 } Rules of Conduct: Doctrines of Justification -
14 } Principles of Adjudication: Doctrines of Culpability -
15 } Principles of Adjudication: Doctrines of Excuse -
16 } Principles of Adjudication: Doctrines of Grading -
17 } Law-Community Agreement and Conflict, and Its Implications -
PART } IV Empirical Studies of Lay Judgments of Justice as a Law and Policy Tool -
18 } Explaining History: Shifting Views of Criminality -
19 } Testing Competing Theories: Blackmail -
20 } Testing Competing Theories: Justification Defenses -
21 } Guiding Judicial Discretion: Extralegal Punishment Factors -
22 } Intuitions of Justice & the Utility of Desert - Table of Cases
- Table of MPC
- Index
