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Victim Offender Settlements, General Deterence, and social Welfare

Andersen, Jeremy
June 4, 2015

Source: (2003) Discussion Paper No.402. Harvard Law School. John M. Olin Center for Law, Economics, and Business. Downloaded 15 April 2003.

In recent years, two new systems – victim offender programs and compromise statutes – are being increasingly tried by states grappling with problems in the criminal justice system. Both programs place the victim at the center of the sentencing procedure. In this paper, Jeremy Andersen seriously questions the justifications typically given for these programs, particularly the justifications given for placing the victim at the center of the sentencing procedure. He argues that advocates of these programs fail to address adequately the programs’ wider effects on general deterrence.

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