CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, February 15, 2017

Boeglin & Shapiro on Differential Punishment

John A. Boeglin and Zachary B. Shapiro (Independent and Independent) have posted A Theory of Differential Punishment on SSRN. Here is the abstract:

A puzzle pervades the criminal law: Why is it that two offenders who behave identically are sentenced differently when one of them, due to circumstances beyond her control, causes a harmful result? Through first proposing a novel deconstruction of this question by separating theories of punishment into two broad categories (namely, offender-facing and victim-facing justifications for punishment), the Article demonstrates that results-based “differential punishment” in the criminal law can only be justified, if at all, by victim-facing theories. The Article then makes its central claim: while victim-facing theories may be capable of justifying results-based punishment in respect to many types of offenses, there are three distinct classes of offenses for which everyone should agree that differential punishment is unjustified. We conclude by showing how applying our framework would reduce the unnecessary incarceration of a significant class of criminal offenders, without sacrificing any legitimate goals of the criminal justice system.

http://lawprofessors.typepad.com/crimprof_blog/2017/02/boeglin-shapiro-on-differential-punishment.html

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Comments

Im a criminal lawyer from Canada and i read ur blog all week.

Congratulation and very professional.

Posted by: Me François-Xavier T. Doyon | Feb 15, 2017 6:30:28 PM

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