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Date: April 29, 2024 Mon
Time: 11:32 pm
Time: 11:32 pm
Results for sentencing commissions
1 results foundAuthor: Rappaport, Aaron J. Title: The Institutional Design of Punishment Summary: For the past 40 years, policymakers have engaged in a debate over which institution should wield the principal power over punishment. Should courts and parole boards have the dominant role at sentencing, or should that power be left to legislatures and sentencing commissions? These debates are typically couched in policy terms, yet they also raise deeply philosophical questions, most notably: What is the morally justified sentencing system? Perhaps surprisingly, criminal theorists have almost uniformly ignored this normative question, and that neglect has degraded the quality of the on-going institutional debates. This paper seeks to address that shortcoming by exploring the moral ramifications of design choices in the sentencing field. In particular, the paper identifies the institutional structure best suited for promoting utilitarianism, a widely-accepted moral theory of punishment. Drawing insights from cognitive science and institutional analysis, the paper concludes that a properly structured sentencing commission is the institution best able to satisfy the moral theory's demands. Beyond this policy prescription, the paper has a broader goal:To start a conversation about the link between moral theory and institutional design, and to encourage policymakers to explore more fully the premises of their own institutional choices in the criminal justice field. Details: Hastings, CA: University of California Hastings College of the Law, 2018. 66p. Source: Internet Resource: UC Hastings Research Paper No. 295: Accessed July 11, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3196537 Year: 2018 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3196537 Shelf Number: 150815 Keywords: Moral Theory of Punishment Punishment Sentencing Sentencing Commissions |