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"Total Retribution"

By Douglas A. Berman

The title of this post, in addition to sounding like the title of a screenplay for former California Governor Arnold Schwarzenegger's return to action blockbuster movies, is the title of this great-looking new piece from Professor Meghan Ryan that is now available via SSRN.  Here is the abstract: An essential element of the theory of retribution has been missing from courts? and legal scholars? analyses.  While they have outlined a number of varieties of the theory and fleshed out their nuances, courts and scholars have largely neglected to examine which harms flowing from a criminal offender?s conduct should be considered in determining that offender?s desert.  The more remote harms caused by offenders? conduct, such as the effect of their offenses on the families and friends of their victims or the effects of criminal conduct on communities in general, are pervasive in communities across the nation...continue to full post

Full post as published by Sentencing Law and Policy on February 01, 2011 (boomark / email).