Richard L Lippke
Biographic Data
| ID | 4092009 |
|---|---|
| NAME | Richard L Lippke |
| GIVEN NAMES | Richard L |
| FAMILY NAME | Lippke |
| SIGNATURE | LIPPKE R L |
| AFFILIATIONS | James Madison University |
| ORCID | 0000-0002-6643-1343 |
| VERIFIED | Yes |
| TOTAL WORKS | 22 |
| TOTAL CITATIONS | 11 |
| WORKS AS AUTHOR | 22 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 1984 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 2 |
Prospective Employees and their Criminal Records
In Chap. 5 of his book Ethics and Situational Crime Prevention , Thomas Søbirk Petersen addresses the questions of whether and when employers should have access to the criminal records of prospective employees. Given the well-established link between ex-offenders being able to secure employment and their desistance from further crimes, Petersen argues that it is vital to limit how much employers can come to discover about the criminal pasts of pe…
Punishment, Public Safety, and Collateral Legal Consequences
What are termed the ‘collateral legal consequences’ (or CLCs) of criminal conviction have been defended in a variety of ways. The focus in this article is on efforts to justify the burdens and restrictions they involve as nonpenal measures designed to secure public safety. Zachary Hoskins' careful defense of such public‐safety CLCs is utilized as a point of departure. Although it is granted that such measures might be defensible, the many complic…
Theorizing Legal Punishment
This book systematically defends an account of the institution of legal punishment that draws on both retributive and crime-prevention thinking. The work argues that legal punishment censures convicted offenders and thus morally communicates with them, any victims, and the broader community, while also serving to reduce future crime. The expressive or retributive element is assigned the lead role in this mixed account because it better captures t…
Retributivism and Victim Compensation
Given the desert-centric character of retributive penal theory, it seems odd that its supporters rarely discuss the undeserved losses and suffering of crime victims and the state’s role in responding to them. This asymmetry in the desert-focus of retributive penal theory is examined and the likely arguments in support of it are found wanting. Particular attention is paid to the claim that offenders, rather than the state, should supply compensati…
Parsimony and the Sentencing of Multiple Offenders
This chapter examines the principle of parsimony (PP) as it applies to the sentencing of multiple offenders. It first explains what the PP means and challenges its basic assumptions as an independent, substantive sentencing principle. It then recasts the PP as a second-order principle, that is, as a principle designed to help us better ensure that the traditional aims of sentencing are more fully realized. It also distinguishes crime reduction an…
Legal Punishment and the Public Identification of Offenders
Irreducible Life Sentences and Human Dignity
Journal Article Irreducible Life Sentences and Human Dignity: Some Neglected and Difficult Issues Get access Richard L. Lippke Richard L. Lippke *Professor, Department of Criminal Justice, Indiana University ([email protected]). Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 17, Issue 3, September 2017, Pages 383–398, https://doi.org/10.1093/hrlr/ngx018 Published: 10 July 2017
Preventive Pre-trial Detention without Punishment
Justifying the Proof Structure of Criminal Trials
During criminal trials, defendants enjoy a presumption of innocence, the burden of proof is on the government, and the standard of proof it must meet—beyond a reasonable doubt—is exacting. This ‘proof structure’ of trials is usually justified with an error distribution rationale. Yet there are well-known difficulties in establishing the optimal ratio of errors of false conviction to errors of false acquittals and with determining whether the proo…
Anchoring the sentencing scale
This article proposes a partial solution to the anchoring problem in sentencing theory. I advance what I term the ‘commensurate harms principle’, according to which the losses and deprivations imposed on convicted offenders as punishment should be kept commensurate with the ‘standard’ harms (Von Hirsch and Jareborg, 1991: 4) their crimes cause victims. The principle is defended as an aid to setting sentences for core criminal offense types. Intel…
Retributive Parsimony
Rethinking Imprisonment
Drawing on philosophical arguments, criminological evidence, and the legal literature on prisoners' rights, this book defends a normative theory of imprisonment. Such a theory provides an account of the justified conditions of prison confinement — the restrictions and deprivations that may be legitimately imposed on serious offenders in the name of punishment. The theory of legal punishment upon which this account builds combines retributive and …
Diminished Opportunities, Diminished Capacities
Prisoner access to recreation, entertainment and diversion
The question addressed is whether prison inmates have a moral right of access to recreation, entertainment and diversion. The interests grounding such a right are first discussed. I then consider whether and to what extent a theory of legal punishment that incorporates both retributive and crime reduction aims, while giving primacy to the former, supports such a right. It is argued that such a theory supports a moral right to at least moderate le…
Desert, Harm Reduction, and Moral Education
Crime Reduction and the Length of Prison Sentences
The issue discussed is whether policies of imposing increasingly lengthy prison sentences on serious criminal offenders reduce crime. The empirical evidence for the deterrence and incapacitation effects of incarceration is first examined and found to be of limited help in answering the question whether lengthy prison sentences reduce crime. Conceptual and normative analysis of deterrence and incapacitation suggest that we have little reason to be…
Criminal Offenders and Right Forfeiture
Making Offenders Pay—For the Costs of Their Punishment
Observant la generalisation de la politique de mise a contribution financiere des malfaiteurs pour le cout de leur punition, l'A. montre qu'une telle revendication n'est possible qu'a partir du presuppose irrealiste d'une societe juste. Face aux injustices qui marquent notre societe, l'A. montre qu'on ne peut exiger des malfaiteurs que les couts imposes par leur sanction actuelle (la cellule et la nourriture) et a la condition qu'ils aient acces …
Speech, Conscience, and Work
The Inner Citadel
Setting the Terms of the Business Responsibility Debate
Why persons are the ground of rights (and utility isn't)
Legal Punishment and the Public Identification of Offenders
Retributive Parsimony
Prisoner access to recreation, entertainment and diversion
The question addressed is whether prison inmates have a moral right of access to recreation, entertainment and diversion. The interests grounding such a right are first discussed. I then consider whether and to what extent a theory of legal punishment that incorporates both retributive and crime reduction aims, while giving primacy to the former, supports such a right. It is argued that such a theory supports a moral right to at least moderate le…
Justifying the Proof Structure of Criminal Trials
During criminal trials, defendants enjoy a presumption of innocence, the burden of proof is on the government, and the standard of proof it must meet—beyond a reasonable doubt—is exacting. This ‘proof structure’ of trials is usually justified with an error distribution rationale. Yet there are well-known difficulties in establishing the optimal ratio of errors of false conviction to errors of false acquittals and with determining whether the proo…
Crime Reduction and the Length of Prison Sentences
The issue discussed is whether policies of imposing increasingly lengthy prison sentences on serious criminal offenders reduce crime. The empirical evidence for the deterrence and incapacitation effects of incarceration is first examined and found to be of limited help in answering the question whether lengthy prison sentences reduce crime. Conceptual and normative analysis of deterrence and incapacitation suggest that we have little reason to be…
Why persons are the ground of rights (and utility isn't)
Setting the Terms of the Business Responsibility Debate
The Inner Citadel
Speech, Conscience, and Work
Making Offenders Pay—For the Costs of Their Punishment
Observant la generalisation de la politique de mise a contribution financiere des malfaiteurs pour le cout de leur punition, l'A. montre qu'une telle revendication n'est possible qu'a partir du presuppose irrealiste d'une societe juste. Face aux injustices qui marquent notre societe, l'A. montre qu'on ne peut exiger des malfaiteurs que les couts imposes par leur sanction actuelle (la cellule et la nourriture) et a la condition qu'ils aient acces …
Criminal Offenders and Right Forfeiture
Crime Reduction and the Length of Prison Sentences
The issue discussed is whether policies of imposing increasingly lengthy prison sentences on serious criminal offenders reduce crime. The empirical evidence for the deterrence and incapacitation effects of incarceration is first examined and found to be of limited help in answering the question whether lengthy prison sentences reduce crime. Conceptual and normative analysis of deterrence and incapacitation suggest that we have little reason to be…
Diminished Opportunities, Diminished Capacities
Prisoner access to recreation, entertainment and diversion
The question addressed is whether prison inmates have a moral right of access to recreation, entertainment and diversion. The interests grounding such a right are first discussed. I then consider whether and to what extent a theory of legal punishment that incorporates both retributive and crime reduction aims, while giving primacy to the former, supports such a right. It is argued that such a theory supports a moral right to at least moderate le…
Desert, Harm Reduction, and Moral Education
Rethinking Imprisonment
Drawing on philosophical arguments, criminological evidence, and the legal literature on prisoners' rights, this book defends a normative theory of imprisonment. Such a theory provides an account of the justified conditions of prison confinement — the restrictions and deprivations that may be legitimately imposed on serious offenders in the name of punishment. The theory of legal punishment upon which this account builds combines retributive and …
Retributive Parsimony
Anchoring the sentencing scale
This article proposes a partial solution to the anchoring problem in sentencing theory. I advance what I term the ‘commensurate harms principle’, according to which the losses and deprivations imposed on convicted offenders as punishment should be kept commensurate with the ‘standard’ harms (Von Hirsch and Jareborg, 1991: 4) their crimes cause victims. The principle is defended as an aid to setting sentences for core criminal offense types. Intel…
Justifying the Proof Structure of Criminal Trials
During criminal trials, defendants enjoy a presumption of innocence, the burden of proof is on the government, and the standard of proof it must meet—beyond a reasonable doubt—is exacting. This ‘proof structure’ of trials is usually justified with an error distribution rationale. Yet there are well-known difficulties in establishing the optimal ratio of errors of false conviction to errors of false acquittals and with determining whether the proo…
Preventive Pre-trial Detention without Punishment
Parsimony and the Sentencing of Multiple Offenders
This chapter examines the principle of parsimony (PP) as it applies to the sentencing of multiple offenders. It first explains what the PP means and challenges its basic assumptions as an independent, substantive sentencing principle. It then recasts the PP as a second-order principle, that is, as a principle designed to help us better ensure that the traditional aims of sentencing are more fully realized. It also distinguishes crime reduction an…
Legal Punishment and the Public Identification of Offenders
Irreducible Life Sentences and Human Dignity
Journal Article Irreducible Life Sentences and Human Dignity: Some Neglected and Difficult Issues Get access Richard L. Lippke Richard L. Lippke *Professor, Department of Criminal Justice, Indiana University ([email protected]). Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 17, Issue 3, September 2017, Pages 383–398, https://doi.org/10.1093/hrlr/ngx018 Published: 10 July 2017
Retributivism and Victim Compensation
Given the desert-centric character of retributive penal theory, it seems odd that its supporters rarely discuss the undeserved losses and suffering of crime victims and the state’s role in responding to them. This asymmetry in the desert-focus of retributive penal theory is examined and the likely arguments in support of it are found wanting. Particular attention is paid to the claim that offenders, rather than the state, should supply compensati…
Theorizing Legal Punishment
This book systematically defends an account of the institution of legal punishment that draws on both retributive and crime-prevention thinking. The work argues that legal punishment censures convicted offenders and thus morally communicates with them, any victims, and the broader community, while also serving to reduce future crime. The expressive or retributive element is assigned the lead role in this mixed account because it better captures t…
Prospective Employees and their Criminal Records
In Chap. 5 of his book Ethics and Situational Crime Prevention , Thomas Søbirk Petersen addresses the questions of whether and when employers should have access to the criminal records of prospective employees. Given the well-established link between ex-offenders being able to secure employment and their desistance from further crimes, Petersen argues that it is vital to limit how much employers can come to discover about the criminal pasts of pe…
Punishment, Public Safety, and Collateral Legal Consequences
What are termed the ‘collateral legal consequences’ (or CLCs) of criminal conviction have been defended in a variety of ways. The focus in this article is on efforts to justify the burdens and restrictions they involve as nonpenal measures designed to secure public safety. Zachary Hoskins' careful defense of such public‐safety CLCs is utilized as a point of departure. Although it is granted that such measures might be defensible, the many complic…
Political science (19 works) · Sociology (16 works) · Law (14 works) · Psychology (14 works) · Criminology (13 works) · Criminal Justice and Corrections Analysis (12 works) · Social Psychology (12 works) · Law and economics (11 works) · Free Will and Agency (9 works) · Law (8 works)