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"The Disutility of Injustice"

By Douglas A. Berman

The title of this post is the title of this interesting new article on SSRN by Paul Robinson, Geoffrey Goodwin, and Michael Reisig. (Hat tip: the new CrimProf.)  Here is the avstract: The retributivists and the crime-control instrumentalists have seen themselves as being in a irresolvable conflict for more than half a century. Social science increasingly suggests, however, that they need not be. Doing justice may be the most effective means of controlling crime. Perhaps partially in recognition of these developments, the American Law Institute's recent amendment to the Model Penal Code's "purposes" provision ? the only amendment to the Model Code in the 47 years since its promulgation ? adopts desert as the primary distributive principle for criminal liability and punishment...continue to full post

Full post as published by Sentencing Law and Policy on September 16, 2009 (boomark / email).