Switch to: References

Add citations

You must login to add citations.
  1. Standing and Pre-trial Misconduct: Hypocrisy, ‘Separation’, Inconsistent Blame, and Frustration.Findlay Stark - forthcoming - Criminal Law and Philosophy:1-23.
    Existing justifications for exclusionary rules and stays of proceedings in response to pre-trial wrongdoing by police officers and prosecutors are often thought to be counter-productive or disproportionate in their consequences. This article begins to explore whether the concept of standing to blame can provide a fresh justification for such responses. It focuses on a vice related to standing—hypocrisy—and a related vice concerning inconsistent blame. It takes seriously the point that criminal justice agencies, although all part of the State, are in (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Entrapment and Manipulation.Jonas Haeg - 2022 - Res Publica 28 (4):557-583.
    Why is wrong to punish criminals who have been entrapped by the state? The paper begins by presenting some criticisms of existing answers to this question. First, they fail to put the target, or victim, of entrapment at the centre of the moral explanation. Second, they fail to account for the intuitive relation between the reasons not to entrap and the reasons not to punish. Third, they struggle to account for the existence of agent-neutral reasons not to punish entrapped offenders. (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Algorithms and the Individual in Criminal Law.Renée Jorgensen - 2022 - Canadian Journal of Philosophy 52 (1):1-17.
    Law-enforcement agencies are increasingly able to leverage crime statistics to make risk predictions for particular individuals, employing a form of inference that some condemn as violating the right to be “treated as an individual.” I suggest that the right encodes agents’ entitlement to a fair distribution of the burdens and benefits of the rule of law. Rather than precluding statistical prediction, it requires that citizens be able to anticipate which variables will be used as predictors and act intentionally to avoid (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations