SAGE Journal Articles

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SAGE Journal User Guide

Journal Article 1.1: Duff, R.A. (2010).  A criminal law for citizens.  Theoretical Criminology, 14(3), 293-309.  doi: 10.1177/1362480610369784

1.  Consider the concepts of penal parsimony and overcriminalization explained by Duff (2010) and discuss its relevance to today’s tough on crime mentality.

2.  Discuss the plan Duff (2010) posited on pursuing penal parsimony.  What are the pros and cons? 

3.  If criminal law is supposed to protect society and maintain social order, how has criminal law done the opposite?  

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Journal Article 1.2: Davis, M.S. (2006).  Crimes Mala in Se:  An Equity-Based Definition.  Criminal Justice Policy Review, 17(3), 270-289.  doi: 10.1177/0887403405281962

1.  Analyze the criticism of the concept of mala in se provided by Davis (2006) and discuss whether you agree or disagree with his argument.

2.  What types of contemporary crimes are considered mala in se?  What types of contemporary crimes are considered mala prohibita?  What are some of the crimes that might be categorized under both?

3.   What is the equity theoretical viewpoint as discussed by Davis (2006)?  Do you agree or disagree with the statement that when it comes to mala in se crimes, “the restoration of equity to the victim is more important than the meting out of arbitrary penal sanctions”?  Why or why not?  Discuss this within the scope of retribution, incapacitation, deterrence, rehabilitation, and restoration.