After the Crime

IF 0.4 Q2 Social Sciences
P. Robinson, Muhammad Sarahne
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引用次数: 0

Abstract

Although an offender’s conduct before and during the crime is the traditional focus of criminal law and sentencing rules, an examination of post-offense conduct can also be important in promoting criminal justice goals. After the crime, different offenders make different choices and have different experiences, and those differences can suggest appropriately different treatment by judges, correctional officials, probation and parole supervisors, and other decision makers in the criminal justice system. Positive post-offense conduct ought to be acknowledged and rewarded, not only to encourage it but also as a matter of fair and just treatment. This essay describes four kinds of positive post-offense conduct that merit special recognition and preferential treatment: the responsible offender, who avoids further deceit and damage to others during the process leading to conviction; the debt-paid offender, who suffers the full punishment deserved (according to true principles of justice rather than the sentence actually imposed); the reformed offender, who takes affirmative steps to leave criminality behind; and the redeemed offender, who out of genuine remorse tries to atone for the offense. The essay considers how one might operationalize a system for giving special accommodation to such offenders. Positive post-offense conduct might be rewarded, for example, through the selection and shaping of sanctioning methods, through giving preference in access to education, training, treatment, and other programs, and through elimination or restriction of collateral consequences of conviction that continue after the sentence is completed.
犯罪之后
虽然罪犯在犯罪前和犯罪过程中的行为是刑法和量刑规则的传统焦点,但对犯罪后行为的审查对于促进刑事司法目标也很重要。犯罪后,不同的罪犯做出了不同的选择,经历也不同,这些差异可以为法官、狱警、缓刑假释监督员以及刑事司法系统中的其他决策者提供适当的不同对待。积极的犯罪后行为应该得到承认和奖励,不仅是为了鼓励,也是为了公平公正的对待。本文描述了四种值得特别重视和优待的积极事后行为:负责任的犯罪者,在定罪过程中避免了对他人的进一步欺骗和损害;欠债的罪犯,受到应有的充分惩罚(根据真正的正义原则,而不是实际施加的刑罚);改过自新的罪犯,他采取积极的措施把犯罪抛在脑后;而被救赎的罪犯,出于真诚的悔恨,试图为自己的罪行赎罪。这篇文章考虑了如何实施一个为这类罪犯提供特殊住宿的系统。积极的犯罪后行为可能会得到奖励,例如,通过选择和塑造制裁方法,通过优先获得教育、培训、治疗和其他项目,以及通过消除或限制定罪的附带后果,这些后果在判决完成后仍在继续。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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来源期刊
自引率
0.00%
发文量
0
期刊介绍: Focused on examinations of crime and punishment in domestic, transnational, and international contexts, New Criminal Law Review provides timely, innovative commentary and in-depth scholarly analyses on a wide range of criminal law topics. The journal encourages a variety of methodological and theoretical approaches and is a crucial resource for criminal law professionals in both academia and the criminal justice system. The journal publishes thematic forum sections and special issues, full-length peer-reviewed articles, book reviews, and occasional correspondence.
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