Dressler, pp. 681-682: Richard Delgado—“Rotten Social Background”

 

There is a strong correlation between socioeconomic status and criminal behavior.  We should admit the possibility that some people commit crime because they are poor.  The author suggests that it may follow that we should not condemn poor criminals because they are not to blame for their conduct, rather, their upbringing is to blame.

 

The author feels that under some retributive theories of justice, a person must be punished in order to restore a certain moral equilibrium to the community.  He goes on to suggest that the poorest defendants may not have been members of that community in the first place.

 

Some say that criminals are alienated.  They say that criminals are not part of our community and don’t agree to obey our rules.

 

The author says that poor people who commit crime out of rage or for political reasons will not be deterred.  The author posits that the poor have nothing of value, so you can’t threaten to take anything away from them.

 

Notes and Questions

 

1.     Nutty, nutty, nuts ‘n’ gum!  Totally nutty.  What if everyone in the United States was poor?  In other words, what if Delgado’s system of justice ruled in, say, Uganda?  Would it be unjust to punish anyone if everyone is poor?  Wouldn’t the poor want to be protected from each other?  NUTTY!

2.     Morse says that there are hard choices and easy choices, but both are still choices.

3.     Kadish says phooey on RSB.  He says “explanations aren’t excuses”.

 

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