Judging Evil: Rethinking the Law of Murder and Manslaughter

By Samuel H. Pillsbury | Go to book overview

Notes

NOTES TO PREFACE

1. This account is drawn from newspaper stories. For a summary, see Claire Mar- tin, Ernest John Dobbert Jr., Jacksonville Journal, Feb. 2, 1982, at B-l.

2. The reported decisions in the case include: Dobbert v. State, 328 So.2d 433 (Fla. 1976) (affirming conviction); Dobbert v. Florida, 432 US 282 (1977) (same); Dobbert v. State, 375 So.2d 1069 (Fla. 1979) (affirming resentencing).


NOTES TO CHAPTER 1: A QUESTION OF VALUE

1.See Franklin Zimring & Gordon Hawkins, Is American Violence A Crime Problem? 46 Duke L.J. 43 (1996).

While in the last two decades homicide rates around the world have fluctuated, national differences have remained startling. In 1980 the World Health Organization reported that the United States had an annual homicide rate of 10.5 per one hundred thousand persons. This means that for every 100,000 persons, every year more than ten persons would be killed in some form of criminal homicide. The rate for England in 1980 was less than one per 100,000. Bureau of Justice Statistics, International Crime Rates (1988).The National Health Center estimated that in 1986–87,for persons aged between fifteen and twenty-four, the homicide rate in the United States was nearly 22 persons for every 100,000 in population.The highest rate for any other industrialized nation for this age group was Scotland, with a rate of 5 per 100,000. Japan had a rate of .3 per 100,000, or not quite one homicide for every 300,000 persons in the same age range. Lois Fingerhut & Joel Kleinman, International and Interstate Comparisons of Homicide Among Young Males, 263 J. Am. Med'l. Assn. (JAMA) 3292 (1990); see also Bureau of Justice Statistics, International Crime Rates (1988). While homicide rates have declined significantly in the nineties—compared to earlier U.S. figures—the rates remain far above those of other Western industrialized democracies. For 1995 the U.S. homicide rate was 8 per 100,000 of population. Federal Bureau of Investigation, Crime in the United States for 1995 (1996).

2. For an excellent introduction to the major punishment theories, see M. M. MacKenzie, Plato on Punishment (1981).

3. An Introduction to the Principles of Morals and Legislation 170–71 & n. 1 (1823,

-197-

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Judging Evil: Rethinking the Law of Murder and Manslaughter
Table of contents

Table of contents

  • Judging Evil - Rethinking the Law of Murder and Manslaughter iii
  • Contents v
  • Preface the Challenge of Criminal Responsibility vii
  • Acknowledgments xiii
  • Part I - Deserved Punishment 1
  • 1: A Question of Value 3
  • 2: The Value of Choice 18
  • 3: Punishment as Defense of Value 32
  • 4: Just Punishment in an Unjust Society 47
  • 5: Moralizing the Passions of Punishment 62
  • Part II - Defining Murder and Manslaughter 77
  • 6: From Principles to Rules - An Introduction to Mens Rea 79
  • 7: The Worst Crime of All 98
  • 8: Crimes of Passion 125
  • 9: Crimes of Indifference 161
  • Appendix - Proposed Jury Instructions 189
  • Notes 197
  • Index 261
  • About the Author 264
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