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  1. Defending the Criminal Law: Reflections on the Changing Character of Crime, Procedure, and Sanctions.Andrew Ashworth & Lucia Zedner - 2008 - Criminal Law and Philosophy 2 (1):21-51.
    Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion, of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives to plead guilty, and of (...)
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  • God and Prepunishment.Lloyd Strickland - 2011 - Philosophical Papers 40 (1):105-127.
    The belief that some misfortunes are punishments sent from God has been affirmed by many different cultures and religions throughout human history. The belief has proved a pervasive one, and is still endorsed today by many adherents of the great western religions of the Judaeo-Christian tradition. Invariably, what is believed is that a present misfortune is divine punishment for a past sin. But could a present misfortune in fact be divine punishment for a future sin? That is, could God prepunish (...)
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  • Moral Luck and the Law.David Enoch - 2010 - Philosophy Compass 5 (1):42-54.
    Is there a difference in moral blameworthiness between a murderer and an attempted murderer? Should there be a legal difference between them? These questions are particular instances of the question of moral luck and legal luck (respectively). In this paper, I survey and explain the main argumentative moves within the general philosophical discussion of moral luck. I then discuss legal luck, and the different ways in which this discussion may be related to that of moral luck.
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  • (Neuro)Predictions, Dangerousness, and Retributivism.Thomas Søbirk Petersen - 2014 - The Journal of Ethics 18 (2):137-151.
    Through the criminal justice system so-called dangerous offenders are, besides the offence that they are being convicted of and sentenced to, also punished for acts that they have not done but that they are believe to be likely to commit in the future. The aim of this paper is to critically discuss whether some adherents of retributivism give a plausible rationale for punishing offenders more harshly if they, all else being equal, by means of predictions are believed to be more (...)
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  • Future Law: Prepunishment and the Causal Theory of Verdicts.Roy Sorensen - 2006 - Noûs 40 (1):166–183.
    The poster boy for my paper is the King's Messenger in Lewis Carroll's Through the Looking Glass. Recall that since the White Queen lives backwards, her memory works forwards. She pities Alice who can only remember things after they happen. Alice asks which things the Queen remembers best: `Oh, things that happened the week after next,' the Queen replied in a careless tone. `For instance, . . . there's the King's Messenger. He's in prison now, being punished: and the trial (...)
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