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Annual Review of Law and Social Science, Vol. 1, 2005 by John Hagan, Kim Lane Scheppele, Tom R. Tyler eds.

By John Hagan, Kim Lane Scheppele, Tom R. Tyler eds.

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There are many other examples of revealing topics in comparative doctrinal criminal law. One that has been well explored by George Fletcher involves 32 WHITMAN differences in rules about the imputation of collective criminal responsibility. American criminal law permits considerable imputation of collective responsibility through its law of conspiracy and such doctrines as felony murder. European legal systems are currently under some pressure to follow the American lead, partly to deal with terrorism but also in the face of the international trade in drugs and cultural property.

Oxford: Blackwell. Rev. ed. Feeley M. 1997. Comparative criminal law for criminologists: comparing for what purpose? In Comparing Legal Cultures, ed. D Nelken, pp. 93–104. Aldershot, Hants, UK/Brookfield, VT: Dartmouth Feeley M, Simon J. 1992. The new penology: notes on the emerging strategy of corrections and its implications. Criminology 30(4):449– 74 Fletcher G. 1994. Is conspiracy unique to the common law? Am. J. Comp. Law 43:171 Foucault M. 1977. Discipline and Punish: The Birth of the Prison.

There are simple questions of great significance about the nature of the punishments inflicted. We possess a vast literature on the death penalty but too few studies of lesser punishments. When do societies incarcerate, and when do they use alternative sanctions? Which alternative sanctions do they use? Why do some societies use dayfine systems, geared to ability to pay, while others have a fixed schedule? Why do some use suspension of privileges, such as the driver’s license, as a routine sanction?

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