Two Kinds of Criminal WrongsCornell Law Faculty Publications
- Criminal wrongdoing,
- Punishment as secular penance,
- Crime and punishment,
- State v. Forrest,
- People v. Goetz,
- State v. Williams,
- Walker v. Superior Court,
- Criminal law excuses,
- Crime as moral failure,
- Crimes of negligence
AbstractI distinguish two kinds of criminal wrongs. A wrongdoer who acts in defiance of his conscience is guilty of what I call a wicked wrong. A wrongdoer who does not act in defiance of his conscience is guilty of what I call a vicious wrong. The distinction is derived from a conception of immorality typically associated with the Christian tradition. The distinction is important because it determines the moral message a wrongdoer should try to send through the punishment or penance he must endure in order to atone for his wrongdoing.
Publication CitationPublished in: Punishment and Society, vol. 5, no. 3 (July 2003).
Citation InformationStephen P. Garvey. "Two Kinds of Criminal Wrongs" (2003)
Available at: http://works.bepress.com/stephen_garvey/21/