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June 2, 2011

Latest OSJCL issue with lots of deep punishment and sentencing thoughts

I am very pleased to report that the Spring 2011 issue of the Ohio State Journal of Criminal Law is now fully available on-line. There are an especially large number of terrific pieces in this issue, which includes not only a thoughtful article symposium on "Political Theory and Criminal Punishment" but also an awesome commentary symposium on "The HBO Series The Wire." I am eager to praise and promote every piece in this new OSJCL issue, though here I will spotlight just a few of the pieces that ought to be of special interest to sentencing fans:

Zachary Hoskins, Deterrent Punishment and Respect for Persons, 8 Ohio St. J. Crim. L. 369 (2011).

Mary Sigler, The Political Morality of the Eighth Amendment, 8 Ohio St. J. Crim. L. 403 (2011).

Roger Lane, Taking the Mystery Out of Murder Rates: Can It Be Done?, 8 Ohio St. J. Crim. L. 553 (2011).

William H. Pryor, Federalism and Sentencing Reform in the Post-Blakely/Booker Era, 8 Ohio St. J. Crim. L. 515 (2011).

June 2, 2011 at 08:28 AM | Permalink


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In the Mystery of the Murder Rate, Professor Lane fails to address or to even mention the unresolved cases of missing persons, about 100,000 a year. The number of bodies may not be 17,000 a year, but could very easily be 70,000 a year.

He also devotes only a couple of sentences to war improved trauma care, the main factor in suppressing the murder rate, and seeing the rate of assaults stay steady or increase. Say the lessons of Vietnam ("the Golden Hour," for example)saved 10,000 victims of battery and accidents, each year. That is about 350,000 lives saved by the lessons losing 50,000 of our warriors. (One other lesson? The lawyer hierarchy running government makes a lot of mistakes engaging in pointless armed conflicts abroad.)

Here is another factor he fails to mention, I am sure by accident. Look at the nations with markedly lower rates and markedly higher rates of murder. The first group has very few lawyers per population, the second very many, even more than we do per population. One conclusion is, to prevent a murder, kill a lawyer. They are the main factor in the murder variability.

I know this blog reflects the views of Prof. Berman. He has no obligation to be balanced on it. I do hope he mentions these facts in class. An academic has an obligation to present the many sides and factors going into an issue.

Posted by: Supremacy Claus | Jun 5, 2011 8:23:23 AM

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