New draft! Shocking Sentences (forthcoming @IndianaLJ). Check it out here: https://t.co/4RvNTxPXvZ.
I argue that recidivist penalties are unjust in part because they're totally unexpected—indeed, shocking—to the defendants who face them. And psychology explains why! A brief🧵
I had a great time presenting at Northwestern Law's first alumni in academia conference! Thanks @PaulGowder and @HariOsofsky for putting on such a great event. Awesome to see old friends and meet a new group of JD/PhD students who are doing amazing work!
🚨Cool conference alert🚨 I had a blast at the first "Law &" conference in Hong Kong, exploring interdisciplinary legal studies across domains. Thanks @ryanwhalen for putting together an amazing group of scholars!
Delighted to release two new books into the world!
*Dilemmas in Digital Abuse* & *Cybercrime Scenarios* feature lots of “dilemmas” & “scenarios” exploring law/tech issues.
Download for free on my website, where you’ll also find links for ~$14 paperbacks: https://t.co/n5tkz1LHx2
@RichardMRe Thanks Richard! On (1), it's definitely possible, though I think the psychological literature suggests folks are likely legitimately surprised. On (2) I think it's part of the solution! Though the bias toward linear presumptions is difficult to eliminate.
New draft! Shocking Sentences (forthcoming @IndianaLJ). Check it out here: https://t.co/4RvNTxPXvZ.
I argue that recidivist penalties are unjust in part because they're totally unexpected—indeed, shocking—to the defendants who face them. And psychology explains why! A brief🧵
We should reconsider regimes that lead to sentences like this, or, at the very least, take serious measures to increase notice of sharp recidivist sentencing penalties.
This is a working draft, so I'd love to hear thoughts and feedback!
I think this is normatively bad, for a number of reasons. It undermines due process and predictability in the law, limits any potential deterrence of recidivist sentencing penalties, and harms defendants for no real crime-control benefit. 8/
Had an awesome time presenting a new sentencing paper this week at the Juniors Scholars Conference. Awesome work putting this together @david__simon!
#JSC2024