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DG3 - What should be the basis of criminal punishment?

  • Thursday, August 19, 2021
  • 7:00 PM - 8:30 PM
  • Virtual

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Topic: What should be the basis of criminal punishment? 

The initial question is whether there should be a criminal law at all. Some predeterminists, anarchocapitalists, and anarchosocialists think not. If criminal law is appropriate, what is its proper basis: retribution, deterrence, rehabilitation, societal protection (incapacitation), restitution (restoration), or some or all of the above? What does “retribution” mean in the criminal law? Should it be eliminated as a basis of punishment? What mitigating or aggravating factors, if any, should be considered in criminal punishment?

REFERENCES (NOT required reading):

“What Are the Five Major Types of Criminal Punishment?”: https://online.pointpark.edu/criminal-justice/types-of-criminal-punishment/

“The Purposes of Punishment”: https://open.lib.umn.edu/criminallaw/chapter/1-5-the-purposes-of-punishment/

“Aggravating and Mitigating Factors”: https://www.justia.com/criminal/aggravating-mitigating-factors/

Discussion Groups are moderated forums with pre-selected topics. Anyone who wishes to participate in the civil discussions is welcomed but not required to do so. The groups nominally represent different geographical locations and will morph back into geographically located in-person discussions when we can do so, for now we meet using google meet. They are currently held every Thursday. The topic for each discussion is announced in advance, sometimes with recommended reading.

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