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NCJRS Abstract

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NCJ Number: 82561 Add to Shopping cart Find in a Library
Title: Contending Theories of Criminal Law - Statutory Penalties Versus Public Preferences
Journal: Journal of Research in Crime and Delinquency  Volume:19  Issue:1  Dated:(January 1982)  Pages:25-46
Author(s): M Warr; J P Gibbs; M L Erickson
Date Published: 1982
Page Count: 22
Sponsoring Agency: US Dept of Health, Education, and Welfare
Washington, DC 20203
Grant Number: MH22350
Format: Article
Language: English
Country: United States of America
Annotation: Consistent with the 'consensus theory' of criminal law, the findings indicate substantial congruence between statutory penalties and the kinds of penalties preferred by respondents in an Arizona sample survey.
Abstract: However, that congruence is largely peculiar to penalties as they apply to adult offenders. Moreover, when it comes to the magnitude of penalties, there is much less congruence; and that finding lends support to the contending theory, the 'conflict theory' of criminal law. Both theories are judged defective because neither accounts for enormous variation among types of crimes as to the congruence between statutory penalties and penalties preferred by the public. (Author abstract)
Index Term(s): Felony; Laws and Statutes; Public Attitudes/Opinion; Punishment
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