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Crime, blameworthiness, and outcomes

Abstract:

If criminal law blamed in a way that accurately reflected blameworthiness, what would it say about the outcomes of our actions? On one view, criminal law would be outcome-insensitive: all crimes would be defined in the inchoate mode, and outcomes would be irrelevant to the quantum of punishment. On a second view, criminal law would be doubly outcome-sensitive: some crimes would be defined in terms of outcomes, and more punishment would be imposed where those outcomes occurred. Here, we reject...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1093/ojls/gqy031

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Oxford college:
Worcester College
Role:
Author
Publisher:
Oxford University Press
Journal:
Oxford Journal of Legal Studies More from this journal
Volume:
39
Issue:
1
Pages:
50–73
Publication date:
2018-11-08
Acceptance date:
2018-07-31
DOI:
EISSN:
1464-3820
ISSN:
0143-6503
Language:
English
Keywords:
Pubs id:
pubs:909826
UUID:
uuid:1f480a43-3e7a-4fc6-8415-44e508e7ac70
Local pid:
pubs:909826
Source identifiers:
909826
Deposit date:
2018-08-24

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