Document Type
Article
Publication Date
Winter 2009
Publication Title
New Criminal Law Review
Publication Title (Abbreviation)
New Crim. L. Rev.
Volume
12
First Page
1
Last Page
42
Abstract
This article considers the relevance of several kinds of post-offense events for the justice of punishment under a fair-play account of retributivism. If the justice of punishment depends on something like an offender-centered tally of benefits and burdens, it may be difficult to explain why offenders should be punished by a criminal justice system in situations where they have been punished privately or have lost the relevant benefits they may have received from their offenses. My fault is past.
But, O, what form of prayer
Can serve my turn? 'Forgive me my foul murder?
That cannot be; since I am still possess'd
Of those effects for which I did the murder,
My crown, mine own ambition and my queen.
May one be pardon'd and retain the offence?
-- King Claudius, Hamlet, Act III, Sc. III
Rights
© 2009 Shawn J. Bayern.
Faculty Biography
http://law.fsu.edu/our-faculty/profiles/bayern
Recommended Citation
Shawn J. Bayern,
The Significance of Private Burdens and Lost Benefits for a Fair-Play Analysis of Punishment, 12
New Crim. L. Rev.
1
(2009),
Available at: https://ir.law.fsu.edu/articles/48
Comments
First published in New Criminal Law Review.