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Criminal Law

American rule

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Full-Text Articles in Political Science

Mapping American Criminal Law: Variations Across The 50 States: Chapter One: Distributive Principles Of Criminal Law, Paul H. Robinson, Tyler Scot Williams Jan 2018

Mapping American Criminal Law: Variations Across The 50 States: Chapter One: Distributive Principles Of Criminal Law, Paul H. Robinson, Tyler Scot Williams

Faculty Scholarship at Penn Law

This first chapter from the recently published book Mapping American Criminal Law: Variations across the 50 States documents the alternative distributive principles for criminal liability and punishment — desert, deterrence, incapacitation of the dangerous — that are officially recognized by law in each of the American states. The chapter contains two maps visually coded to display important differences: the first map shows which states have adopted desert, deterrence, or incapacitation as a distributive principle, while the second map shows which form of desert is adopted in those jurisdictions that recognize desert. Like all 38 chapters in the book, which covers a wide ...


Mapping American Criminal Law Variations Across The 50 States: Ch. 20 Statutory Rape, Paul H. Robinson, Tyler Scot Williams Jan 2017

Mapping American Criminal Law Variations Across The 50 States: Ch. 20 Statutory Rape, Paul H. Robinson, Tyler Scot Williams

Faculty Scholarship at Penn Law

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is ...


Mapping American Criminal Law Variations Across The 50 States: Ch. 14 Insanity Defense, Paul H. Robinson, Tyler Scot Williams Jan 2017

Mapping American Criminal Law Variations Across The 50 States: Ch. 14 Insanity Defense, Paul H. Robinson, Tyler Scot Williams

Faculty Scholarship at Penn Law

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is ...


Mapping American Criminal Law Variations Across The 50 States: Ch. 5 Felony-Murder Rule, Paul H. Robinson, Tyler Scot Williams Jan 2017

Mapping American Criminal Law Variations Across The 50 States: Ch. 5 Felony-Murder Rule, Paul H. Robinson, Tyler Scot Williams

Faculty Scholarship at Penn Law

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is ...