Two conceptions of emotion in criminal law
Article Abstract:
The role of emotion in criminal law would be better served by adopting an evaluative approach to the influence of emotions on criminal conduct instead of wavering between evaluative and mechanistic approaches. The mechanistic approach presumes that emotional responses occur outside reason and cultural context. The evaluative approach allows for moral evaluation of the reasonableness of the actor's emotions and assumes that some thought underpins emotional response. Though legal analysis of emotion is imperfect, the evaluative approach is more honest and is more likely to yield just results.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1996
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Is Chevron relevant to federal criminal law?
Article Abstract:
Both law-making and law-enforcing authority under federal criminal law should be given to executive branch agencies by employing the doctrine from Chevron U.S.A., Inc. v. Natural Resources Defense Council. Treating federal criminal law more like delegated administrative law would not offend the separation of powers doctrine because the rule of law would be enhanced. Congress routinely enacts criminal laws that must be given substance by the federal judiciary. The executive branch law enforcement agencies are better suited to interpretation of these laws than the judiciary is.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
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The secret ambition of deterrence
Article Abstract:
The author explores the practical value and underlying meaning of deterrence as a justification for punishment. He theorizes that the philosophy of deterrence is socially acceptable and politically preferable to an expressive justification; however, positive social change is impeded by the insincerity of reliance upon the deterrence model.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1999
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