Criminal Law Conversations provides an authoritative overview of contemporary criminal law debates in the United States. This collection of high caliber scholarly papers was assembled using an innovative and interactive method of nominations and commentary by the nation's top legal scholars. Virtually every leading scholar in the field has participated, resulting in a volume of interest to those both in and outside of the community. Criminal Law Conversations showcases the most captivating of these essays, and provides insight into the most fundamental and provocative questions of modern criminal law.
Autorentext
Paul H. Robinson is Professor of Law at the University of Pennsylvania School of Law and most recently the author of Distributive Principles of Criminal Law (OUP, 2008). Stephen Garvey is Professor of Law at Cornell University School of Law. Kimberly Kessler Ferzan is Professor of Law at Rutgers University School of Law, Camden.
Zusammenfassung
Criminal Law Conversations provides an authoritative overview of contemporary criminal law debates in the United States. This collection of high caliber scholarly papers was assembled using an innovative and interactive method of nominations and commentary by the nation's top legal scholars. Virtually every leading scholar in the field has participated, resulting in a volume of interest to those both in and outside of the community. Criminal Law Conversations showcases the most captivating of these essays, and provides insight into the most fundamental and provocative questions of modern criminal law.
Inhalt
i. Principles Chapter 1. Decision Rules and Conduct Rules: On Acoustic Separation in Criminal Law Meir Dan-Cohen Comments: Kyron Huigens-Duress Is Never a Conduct Rule Samuel W. Buell-Decision Rule as Notice: The Case of Fraud Anne M. Coughlin-Of Decision Rules and Conduct Rules, or Doing the Police in Different Voices Lu?s Duarte d'Almeida-Separation, But Not of Rules Adil Ahmad Haque-The Constitutive Function of Criminal Law Eric J. Miller-Are There Two Types of Decision Rule? Malcolm Thorburn-A Liberal Criminal Law Cannot Be Reduced to These Two Types of Rules Reply: Meir Dan-Cohen Chapter 2. Empirical Desert Paul H. Robinson Comments: Mary Sigler-The False Promise of Empirical Desert Adam J. Kolber-Compliance-Promoting Intuitions Michael T. Cahill-A Fertile Desert? Alice Ristroph-The New Desert Youngjae Lee-Keeping Desert Honest Matthew Lister-Desert: Empirical, Not Metaphysical Alice Ristroph-Response to Lee and Lister Joseph E. Kennedy-Empirical Desert and the Endpoints of Punishment Andrew E. Taslitz-Empirical Desert: The Yin and Yang of Criminal Justice Adil Ahmad Haque-Legitimacy as Strategy Laura I. Appleman-Sentencing, Empirical Desert, and Restorative Justice Reply: Paul H. Robinson Chapter 3. Defending Preventive Detention Christopher Slobogin Comments: Michael Louis Corrado-Slobogin on Dehumanization Michael Marcus-Don't Abandon Sentencing Reform to Defend Preventive Detention Rinat Kitai-Sangero-The Presumption of Innocence versus Preventive Detention Matt Matravers-Unreliability, Innocence, and Preventive Detention Joseph E. Kennedy-The Dangers of Dangerousness as a Basis of Incarceration Reply: Christopher Slobogin Chapter 4. The Economics of Crime Control Doron Teichman Comments: Russell D. Covey-The Limits of the Economic Model: Becker's Crime and Punishment Alon Harel-The Economic Analysis of Crime Control: A Friendly Critique Keith N. Hylton-Effi cient Deterrence and Crime Control Morris B. Hoffman-Law, Economics, and Neuroethical Realism Reply: Doron Teichman Chapter 5. The Difficulties of Deterrence as a Distributive Principle Paul H. Robinson Comments: Russell D. Covey-Deterrence's Complexity Douglas A. Berman-Making Deterrence Work Better Doron Teichman-In Defense of Deterrence Jonathan S. Masur, Richard H. McAdams, and Thomas J. Miles-For General Deterrence Reply: Paul H. Robinson Chapter 6. Why only the State may Inflict Criminal Sanctions: The Case Against Privately Inflicted Sanctions Alon Harel Comments: Miriam Baer-Eliminating the Divide Between the State and Its Citizens Doron Teichman-Why the State May Delegate the Infliction of Criminal Sanctions Malcolm Thorburn-Why Only the State May Decide when Sanctions Are Appropriate Stuart P. Green-Why Do Privately Inflicted Criminal Sanctions Matter? Reply: Alon Harel Chapter 7. Results Don't Matter Larry Alexander and Kimberly Kessler Ferzan Comments: Gerald Leonard-Some Reasons Why Criminal Harms Matter Peter Westen-Why Criminal Harms Matter Thomas Morawetz-Results Don't Matter, But . . . Jeremy Horder-On the Reducibility of Crimes Reply: Larry Alexander and Kimberly Kessler Ferzan Chapter 8. Post-Modern Meditations on Punishment: On the Limits of Reason and the Virtue of Randomization Bernard E. Harcourt Comments: Alice Ristroph-Games Punishers Play Michael M. O'Hear-Chance's Domain Alon Harel-The Lure of Ambivalent Skepticism Ken Levy-Punishment Must Be Justified Or Not at All Reply: Bernard E. Harcourt Chapter 9. Remorse, Apology, and Mercy Jeffrie G. Murphy Comments: Sherry F. Colb-Retaining Remorse Stephanos Bibas-Invasions of Conscience and Faked Apologies Susan Bandes-Evaluation of Remorse Is Here to Stay: We Should Focus on Improving Its Dynamics Lisa Kern Griffin-Insincere and Involuntary Public Apologies Janet Ainsworth-The Social Meaning of Apology Reply: Jeffrie G. Murphy Chapter 10. Interpretive Construction in the Substantive Criminal Law Mark Kelman Comments: Paul Litton-Unexplained, False Assumptions Underlie Kelman's Skepticism John Mikhail-Unconscious Choices in Legal Analysis Margaret Raymond-Interpretive Constructions and the Exercise of Bias Alice Ristroph-Interpretive Construction and Defensive Punishment Theory Reply: Mark Kelman Chapter 11. Criminalization and Sharing Wrongs S.E. Marshall and R.A. Duff Comments: Stuart P. Green-Sharing Wrongs Between Criminal and Civil Sanctions Shlomit Wallerstein-Victim, Beware! On the Dangers of Sharing Wrongs with Society Adil Ahmad Haque-Sharing the Burdens of Justice Matthew Lister-Contractualism and the Sharing of Wrongs Michelle Madden Dempsey-Sharing Reasons for Criminalization? No Thanks . . . Already Got 'Em! Andrew E. Taslitz-Public versus Private Retribution and Delegated Revenge Reply: S.E. Marshall and R.A. Duff Chapter 12. Monstrous Offenders and the Search for Solidarity Through Modern Punishment Joseph E. Kennedy Comments: Marianne Wesson-Domesticated Monsters Janet Ainsworth-"We Have Met the Enemy and He Is Us": Cognitive Bias and Perceptions of Threats Douglas A. Berman-Have Good Intentions Also Fueled the Severity Revolution? Reply: Joseph E. Kennedy ii. Doctrine Chapter 13. Against Negligence Liability Larry Alexander and Kimberly Kessler Ferzan Comments: Leo Zaibert-For Negligence Liability Michelle Madden Dempsey-The Object of Criminal Responsibility Alan Brudner-Is Negligence Blameless? Stephen P. Garvey-Fatally Circular? Not! Andrew E. Taslitz-Cognitive Science and Contextual Negligence Liability Kenneth W. Simons-The Distinction Between Negligence and Recklessness Is Unstable Reply: Larry Alexander and Kimberly Kessler Ferzan Chapter 14. Rape Law Reform Based on Negotiation: Beyond the No and Yes Models Michelle J. Anderson Comments: Andrew E. Taslitz-Self-Deception and Rape Law Reform Kimberly Kessler Ferzan-Sex as Contract Robin Charlow-Negotiating Sex: Would It Work? Sherry F. Colb-Conversation Before Penetration? Marianne Wesson-You Can't Get Away from Consent Reply: Michelle J. Anderson Chapter 15. Provocation: Explaining and Justifying the Defense in Partial Excuse, Loss of Self-Control Terms Joshua Dressler Comments: Susan D. Rozelle-He Had It Coming: Provocation as a Partial Justification Vera Bergelson-Provocation: Not Just a Partial Excuse Marcia Baron-Reframing the Issues: Differing Views of Justification and the Feminist Critique of Provocation Joan H. Krause-Tolerating…