New Criminal Law Review

From the Spring 2015 Issue

Probability and Punishment

How to improve sentencing by taking account of probability

Jacob Schuman

Imagine two defendants, A and B, who have each been convicted of drug trafficking. Defendant A was caught with 1000 grams of crack cocaine. Defendant B was caught with only 100 grams of crack cocaine, but he also had a large sum of cash, which he probably—though not certainly—earned by selling an additional 900 grams of crack just before his arrest. When the time comes for sentencing, should A and B receive the same punishment?

The federal criminal justice system says that they should. This Article will argue that they should not. Read more.

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New Criminal Law Review: An International and Interdisciplinary Journal: 18 (4)

Vol. 18 No. 4
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ISSN: 1933-4192
eISSN: 1933-4206
Frequency: Quarterly
Published: January, April, July, October


About the Journal

Focused on examinations of crime and punishment in domestic, transnational, and international contexts, New Criminal Law Review provides timely, innovative commentary and in-depth scholarly analyses on a wide range of criminal law topics. The journal encourages a variety of methodological and theoretical approaches and is a crucial resource for criminal law professionals in both academia and the criminal justice system. The journal publishes thematic forum sections and special issues, full-length peer-reviewed articles, book reviews, and occasional correspondence.