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Punishing the guilty, not punishing the innocent

In Thom Brooks (ed.), Law and Legal Theory. Leiden: Brill (2013)

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  1. Desert, Bell Motion, and Fairness.Kasper Lippert-Rasmussen - 2016 - Criminal Law and Philosophy 10 (3):639-655.
    In this critical review, I address two themes from Shelly Kagan’s path-breaking The Geometry of Desert. First I explain the so-called “bell motion” of desert mountains—a notion reflecting that, ceteris paribus, as people get more virtuous it becomes more important not to give them too little of whatever they deserve than not to give them too much. Having argued that Kagan’s defense of it is unsatisfactory, I offer two objections to the existence of the bell motion. Second, I take up (...)
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  • The Prosecutor and the Presumption of Innocence.Richard L. Lippke - 2014 - Criminal Law and Philosophy 8 (2):337-352.
    In what ways is the conduct of prosecutors constrained by the presumption of innocence? To address this question, I first develop an account of the presumption in the trial context, according to which it is a vital element in a moral assurance procedure for the justified infliction of legal punishment. Jurors must presume the factual innocence of defendants at the outset of trials and then be convinced beyond a reasonable doubt by the government’s evidence before they convict defendants. Prosecutors’ responsibilities (...)
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