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Distributive Principles of Criminal Law$
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Paul H. Robinson

Print publication date: 2008

Print ISBN-13: 9780195365757

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195365757.001.0001

The Strengths and Weaknesses of Alternative Distributive Principles

Chapter:
(p. 223 ) CHAPTER 10 The Strengths and Weaknesses of Alternative Distributive Principles
Source:
Distributive Principles of Criminal Law
Author(s):

Paul H. Robinson

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195365757.003.0010

This chapter discusses the strengths and weaknesses of the alternative distributive principles examined in the previous chapters. These include general deterrence, special deterrence, rehabilitation, incapacitation, empirical desert, and deontological desert. It is shown that each principle has strengths and weaknesses, some of which seem disqualifying. But a principled criminal justice system must have an articulated controlling principle, and if forced to pick one of the above, one could weigh the strengths and weaknesses of each and come to a conclusion as to which, on balance, seems less problematic than the rest.

Keywords:   general deterrence, special deterrence, rehabilitation, incapacitation, empirical desert, deontological desert, criminal justice system

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