« Drug Policy Alliance issues big new report calling for drug decriminalization | Main | Latest comments by AG Sessions on drug problems and federal prosecutorial policies »

July 11, 2017

"Punishment and the Burden of Proof"

The title of this post is the title of this new paper available via SSRN authored by Michael Louis Corrado. Here is the abstract:

Justifying state punishment presents a difficulty for those who deny that human actions are free in the sense required by moral responsibility.  The argument I make in this paper, following work done by Double, Vilhauer, and Sehon, is that those who believe that human beings do sometimes act freely face exactly the same difficulty, for no current account of freedom has the sort of evidentiary support that condemning a person to punishment requires; no current account could meet even the most minimal burden of proof.  Recourse to purely preventive methods, such as are proposed for a system of quarantine of dangerous individuals, seems undesirable because of the absence of limits under such a system, limits like the requirements of proportionality and guilt.  That same objection holds as well against proposals of non-retributive punishment: the adoption of a system of punishment, understood retributively or non-retributively, does not preclude the state even in theory from also adopting a system of preventive measures.

The answer that I suggest is a system of limited deprivations of freedom justified in much the way the doctrine of takings is justified, along with the specific exclusion of purely preventive methods for competent individuals.

July 11, 2017 at 08:18 AM | Permalink

Comments

Basta, as Claudio might say. Stop the stupid bullshit.

Pay someone a dollar a whiplash to administer to criminals. Repeat all day until they stop committing crimes.

Posted by: David Behar | Jul 11, 2017 11:42:26 PM

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