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Criminal Law Conversations$
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Paul H. Robinson, Stephen Garvey, and Kimberly Kessler Ferzan

Print publication date: 2011

Print ISBN-13: 9780199861279

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199861279.001.0001

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Monstrous Offenders and the Search for Solidarity through Modern Punishment

Monstrous Offenders and the Search for Solidarity through Modern Punishment

Chapter:
(p.252) (p.253) 12. Monstrous Offenders and the Search for Solidarity through Modern Punishment
Source:
Criminal Law Conversations
Author(s):

Joseph E. Kennedy

Publisher:
Oxford University Press
DOI:10.1093/acprof:osobl/9780199861279.003.0012

This chapter presents an authoritative overview of monstrous crimes and monstrous criminals and the system of punishment for dealing with such monsters. It considers Emile Durkheim's arguments about crime and the “sacred” in societies within the context of criminal punishment, along with the relationship of stories of crime and punishment to a secular society's search for a collective sense of the sacred. It also examines the role of race in determinate sentencing as well as the moral panics of the 1980s and 1990s about crime. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as cognitive bias and perceptions of threat as well as the increase in incarceration in relation to concerns about wrongful convictions, the death penalty, and sentencing disparity.

Keywords:   monstrous crimes, monstrous criminals, Emile Durkheim, criminal punishmen, crime, sacred, race, sentencing, moral panics, cognitive bias

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