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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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Why Only the State may Inflict Criminal Sanctions

Why Only the State may Inflict Criminal Sanctions

The Case Against Privately Inflicted Sanctions

(p.128) (p.129) 6. Why Only the State may Inflict Criminal Sanctions
Criminal Law Conversations

Alon Harel

Oxford University Press

This chapter explains why only the state may inflict criminal sanctions and presents arguments against privately inflicted criminal punishment. It suggests that there is a link between the state's judgments concerning the wrongfulness of the act and the infliction of sanctions, and that this link is indispensable to the legitimacy of the infliction of criminal sanctions triggered by violating state-issued prohibitions. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as the need to eliminate the divide between public officials and private citizens with respect to infliction of criminal sanctions.

Keywords:   criminal sanctions, criminal punishment, criminal law, state, public officials, private citizens

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