« Boston Marathon bomber's defense team starts legal attack on federal death penalt | Main | "In Defense of Capital Punishment: A 'botched' execution does not render the death penalty illegitimate" »

May 8, 2014

"Criminal Law Multitasking"

The title of this post is the title of this intriguing new article by Hadar Dancig-Rosenberg and Tali Gal. Here is the abstract:

Criminal law pursues multiple goals: retribution, deterrence, expressive justice, rehabilitation, restoration, and reconciliation.  Scholars tend to analyze these goals and their implementation in separation from each other, without accounting for their interplay and coordination.  A theory of criminal law multitasking is overdue.

This Article sets up a conceptual framework for such a theory.  We develop a taxonomy that captures the interplay between various procedures and substantive goals promoted by criminal law.  Based on this taxonomy, we discuss five mechanisms of criminal law.  We propose that policymakers and law enforcers select one or more of these mechanisms to implement the chosen mix of retribution, deterrence, expressive justice, rehabilitation, restoration, and reconciliation.  We provide reasons guiding this selection, among them constructive community involvement, offenders' responsiveness, and integration of victims' rights.  We illustrate the operation of our multitasking approach in real-world cases and illustrate its ability to facilitate the implementation of the deferred prosecution and adjudication mechanisms promulgated by the current Draft of the Model Penal Code.

May 8, 2014 at 10:05 AM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e201a511b3c85d970c

Listed below are links to weblogs that reference "Criminal Law Multitasking":

Comments

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB