Criminal Law Conversations.

Cover -- Contents -- Preface -- Table of Contributors -- Acknowledgments -- I. PRINCIPLES -- Chapter 1. Decision Rules and Conduct Rules: On Acoustic Separation in Criminal Law -- Comments: -- Duress Is Never a Conduct Rule -- Decision Rules as Notice: The Case of Fraud -- Of Decision Rules and Conduct Rules, or Doing the Police in Different Voices -- Separation, But Not of Rules -- The Constitutive Function of Criminal Law -- Are There Two Types of Decision Rules? -- A Liberal Criminal Law Cannot Be Reduced to These Two Types of Rules -- Reply: -- Chapter 2. Empirical Desert -- Comments: -- The False Promise of Empirical Desert -- Compliance-Promoting Intuitions -- A Fertile Desert? -- The New Desert -- Keeping Desert Honest -- Desert: Empirical, Not Metaphysical -- Response to Lee and Lister -- Empirical Desert and the Endpoints of Punishment -- Empirical Desert: The Yin and Yang of Criminal Justice -- Legitimacy as Strategy -- Sentencing, Empirical Desert, and Restorative Justice -- Reply: -- Chapter 3. Defending Preventive Detention -- Comments: -- Slobogin on Dehumanization -- Don't Abandon Sentencing Reform to Defend Preventive Detention -- The Presumption of Innocence versus Preventive Detention -- Unreliability, Innocence, and Preventive Detention -- The Dangers of Dangerousness as a Basis for Incarceration -- Reply: -- Chapter 4. The Economics of Crime Control -- Comments: -- The Limits of the Economic Model: Becker's Crime and Punishment -- The Economic Analysis of Crime Control: A Friendly Critique -- Efficient Deterrence and Crime Control -- Law, Economics, and Neuroethical Realism -- Reply: -- Chapter 5. The Difficulties of Deterrence as a Distributive Principle -- Comments: -- Deterrence's Complexity -- Making Deterrence Work Better -- In Defense of Deterrence -- For General Deterrence -- Reply:.

Chapter 6. Why Only the State May Inflict Criminal Sanctions: The Case Against Privately Inflicted Sanctions -- Comments: -- Eliminating the Divide Between the State and Its Citizens -- Why the State May Delegate the Infliction of Criminal Sanctions -- Why Only the State May Decide When Sanctions Are Appropriate -- Why Do Privately Inflicted Criminal Sanctions Matter? -- Reply: -- Chapter 7. Results Don't Matter -- Comments: -- Some Reasons Why Criminal Harms Matter -- Why Criminal Harms Matter -- Results Don't Matter, But . . . -- On the Reducibility of Crimes -- Reply: -- Chapter 8. Post-Modern Meditations on Punishment: On the Limits of Reason and the Virtue of Randomization -- Comments: -- Games Punishers Play -- Chance's Domain -- The Lure of Ambivalent Skepticism -- Punishment Must Be Justified Or Not at All -- Reply: -- Chapter 9. Remorse, Apology, and Mercy -- Comments: -- Retaining Remorse -- Invasions of Conscience and Faked Apologies -- Evaluation of Remorse Is Here to Stay: We Should Focus on Improving Its Dynamics -- Insincere and Involuntary Public Apologies -- The Social Meaning of Apology -- Reply: -- Chapter 10. Interpretive Construction in the Substantive Criminal Law -- Comments: -- Unexplained, False Assumptions Underlie Kelman's Skepticism -- Unconscious Choices in Legal Analysis -- Interpretive Constructions and the Exercise of Bias -- Interpretive Construction and Defensive Punishment Theory -- Reply: -- Chapter 11. Criminalization and Sharing Wrongs -- Comments: -- Sharing Wrongs Between Criminal and Civil Sanctions -- Victim, Beware! On the Dangers of Sharing Wrongs with Society -- Sharing the Burdens of Justice -- Contractualism and the Sharing of Wrongs -- Sharing Reasons for Criminalization? No Thanks . . . Already Got 'Em! -- Public versus Private Retribution and Delegated Revenge -- Reply:.

Chapter 12. Monstrous Offenders and the Search for Solidarity Through Modern Punishment -- Comments: -- Domesticated Monsters -- We Have Met the Enemy and He Is Us": Cognitive Bias and Perceptions of Threat -- Have Good Intentions Also Fueled the Severity Revolution? -- Reply: -- II. DOCTRINE -- Chapter 13. Against Negligence Liability -- Comments: -- For Negligence Liability -- The Object of Criminal Responsibility -- Is Negligence Blameless? -- Fatally Circular? Not! -- Cognitive Science and Contextual Negligence Liability -- The Distinction Between Negligence and Recklessness Is Unstable -- Reply: -- Chapter 14. Rape Law Reform Based on Negotiation: Beyond the No and Yes Models -- Comments: -- Self-Deception and Rape Law Reform -- Sex as Contract -- Negotiating Sex: Would It Work? -- Conversation Before Penetration? -- You Can't Get Away from Consent -- Reply: -- Chapter 15. Provocation: Explaining and Justifying the Defense in Partial Excuse, Loss of Self-Control Terms -- Comments: -- He Had It Coming: Provocation as a Partial Justification -- Provocation: Not Just a Partial Excuse -- Reframing the Issues: Differing Views of Justification and the Feminist Critique of Provocation -- Tolerating the Loss of Self-Control -- Excuse Doctrine Should Eschew Both the Reasonable and the Ordinary Person -- Get Rid of Adequate Provocation! -- Enforcing Virtue with the Law of Homicide -- Reply: -- Chapter 16. Objective Versus Subjective Justification: A Case Study in Function and Form in Constructing a System of Criminal Law Theory -- Comments: -- A Platonic Justification for "Unknowing Justification" -- The Third, Combined, Theory for Justifications -- In Defense of Subjective Justifications -- Constraining the Necessity Defense -- Reply: -- Chapter 17. Self-Defense and the Psychotic Aggressor -- Comments:.

"Self-Defense and the Psychotic Aggressor": What About Proportionality? -- Self-Defense Against Wrongful Attack: The Case of the Psychotic Aggressor -- Justifying Homicide Against Innocent Aggressors Without Denying Their Innocence -- Two Flaws in the Autonomy-Based Justification for Self-Defense -- Problems for the Autonomy Theory of Self-Defense -- Reply: -- Chapter 18. Self-Defense Against Morally Innocent Threats -- Comments: -- Rights and Liabilities at War -- Why Causal Responsibility Matters -- Can't Sue -- Can Kill -- Can "Moral Responsibility" Explain Self-Defense? -- Doubts About the Responsibility Principle -- Reply: -- Chapter 19. Self- Defense, Imminence, and the Battered Woman -- Comments: -- The Real Link Between Imminence and Necessity -- In Defense of the Proxy Thesis -- The Values and Costs of Imminence -- Imminence Reconsidered: Are Battered Women Different? -- The "Imminence" Requirement, Battered Women, and the Authority to Strike Back -- Reply: -- Chapter 20. Reasonable Provocation and Self-Defense: Recognizing the Distinction Between Act Reasonableness and Emotion Reasonableness -- Comments: -- Making Waves: Radicalizing Act Reasonableness -- Is an Act Reasonableness Inquiry Necessary? -- Differentiating Cognitive and Volitional Aspects of Emotion in Self-Defense and Provocation -- Norms, Proportionality, Provocation, and Imperfect Self-Defense -- Different Ways to Manifest Reasonableness -- Requiring Reasonable Beliefs About Self-Defense Ensures that Acts Conforming to Those Beliefs Are Reasonable -- Reply: -- Chapter 21. Against Control Tests for Criminal Responsibility -- Comments: -- The Folk Psychology of Self-Control -- Morse on Control Tests -- Sometimes a Control Test Is Just a Control Test -- Why Is a Folk-Psychological Account of Loss of Control Necessary (And What Precisely Is It)?.

Cognition, Rationality, and Responsibility -- Reply: -- Chapter 22. Abolition of the Insanity Defense -- Comments: -- No Excuse for You -- Not By Cognition Alone -- Against Integrationism -- Justifying Defenses -- Reply: -- Chapter 23. Entrapment and the "Free Market" for Crime -- Comments: -- Making Sense of Entrapment Law After the Death of Lochner -- Entrapment and the Quandary of the Undercover Investigation -- An Enforcement Policy Perspective on Entrapment -- The Entrapment Defense Defended -- Reply: -- III. ADMINISTRATION -- Chapter 24. The Political Economy of Criminal Law and Procedure: The Pessimists' View -- Comments: -- The Enduring Pattern of Broad Criminal Codes and a Path for Structural Change -- The Sources of Overbreadth -- Why Here and Why Now? Bringing History and Sociology to Bear on Punitive Pathology -- The Political Economy of Prosecutorial Indiscretion -- An Ounce of Prevention: Realistic Treatment for Our Pathological Politics -- Prosecutor Elections and Overdepth in Criminal Codes -- Reply: -- Chapter 25. Against Jury Nullification -- Comments: -- Jury Nullification Checks Prosecutorial Power -- Sculpting the Shape of Nullification Through Jury Information and Instruction -- Jury Nullification and Erroneous Acquittals: Getting the Causation Backwards -- Accuracy and Legitimacy -- Reply: -- Chapter 26. Race-Based Jury Nullification: Black Power in the Criminal Justice System -- Comments: -- Confusing Cause and Effect -- The Effect of Race-Based Jury Nullification on Batson -- The Pernicious Myth of Racial Jury Nullification -- Rejecting Racial Jury Nullification -- On Racially-Based Jury Nullification -- Grand-Jury Nullification: Black Power in the Charging Decision -- Reply: -- Chapter 27. In Support of Restorative Justice -- Comments: -- Restoration, But Also More Justice -- Restorative Caveats.

Restoring Justice Through Individualized Processes.

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.* Jeffrie G. Murphy's, essay "Remorse, Apology & Mercy," was declared Recommended Reading in the Green Bag Almanac and Reader, 2010.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.