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Criminal Law

: Sentencing Law and Policy

Reflections on reflections on emotions and the death penalty

By Douglas A. Berman

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As detailed in this post, Stephanos Bibas and I have a new commentary (now available here at SSRN) titled "Engaging Capital Emotions."  In addition to comments here from usual SL&P suspects, Corey Yung at Sex Crimes provides these intriguing (and kind) reactions to our commentary.  Here are excerpts:I've just finished reading the draft and I highly recommend checking it out.  My initial thoughts are the emotion/rational divide basically mirrors (or is the same as) the retribution/deterrence divide. Since retribution is often explained not in its arcane philosophical terms, but instead in terms of payback, it fits neatly with emotions. Someone being punished fulfills an emotional need that is basically retribution...continue to full post

Full post as published by Sentencing Law and Policy on June 04, 2008 (boomark / email).

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