Chapter

Public Wrongs and the ‘Criminal Law's Business’: When Victims Won't Share

Michelle Madden Dempsey

in Crime, Punishment, and Responsibility

Published in print July 2011 | ISBN: 9780199592814
Published online September 2011 | e-ISBN: 9780191729034 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199592814.003.0015
Public Wrongs and the ‘Criminal Law's Business’: When Victims Won't Share

Show Summary Details

Preview

This chapter engages with Professor Duff's account of public wrongs, which features prominently in Duff's more general account of the proper ambit of the criminal law's business. According to this account, a wrong perpetrated against an individual victim becomes a public wrong insofar as it is shared by the victim's community. By focusing on cases involving victims who reject the criminal law's intervention (victims who, in Duff's phrasing, do not wish to share the wrongs done to them), the chapter illustrates an alternative way of thinking about the proper scope of the criminal law's business. This alternative, referred to here in this chapter as the institutional bureaucracy account, provides (it is hoped) a more satisfying explanation of why the criminal law's intervention may be justified even when victims do not wish to share the wrongs done to them.

Keywords: criminalisation; public wrongs; victim; victim withdrawal; criminal law; wrongs; racism; displacement function; constitutive function

Chapter.  10334 words. 

Subjects: Criminal Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.