Papers by Aaron Rappaport
Federal Sentencing Reporter, Mar 1, 1998
Mississippi Law Journal, 2004
For the past 40 years, policymakers have engaged in a debate over which institution should wield ... more For the past 40 years, policymakers have engaged in a debate over which institution should wield the principal power over punishment. Should courts and parole boards have the dominant role at sentencing, or should that power be left to legislatures and sentencing commissions? These debates are typically couched in policy terms, yet they also raise deeply philosophical questions. Among the most notable is a normative one: what is the morally justified sentencing system?
Since 9/11, commentators and policy makers have expressed alarm about an emerging threat within t... more Since 9/11, commentators and policy makers have expressed alarm about an emerging threat within the prison systems of the West-a threat of terrorist attacks carried out by radicalized inmates released into society. Prisons are said to be a "fertile ground for extremists" This may be understandable. For many, the dangers posed by Islamic terrorist groups like al-Qaeda and its associates seem far greater than any other extremist ideology. Islam is widely seen as having a particular appeal to inmates, confirmed by seemingly high rates of conversion, and thus giving Islamic radicals an entry to this literally captive audience. Radicalized prisoners, moreover, are seen as particularly dangerous agent of terror.
concept of law to distinguish “law” from other kinds of rules that might be enacted according to ... more concept of law to distinguish “law” from other kinds of rules that might be enacted according to “valid” procedures (such as the rules of neighborhood association, company committee, or even gang organization). To do so, one might clarify that the general concept of law encompasses only rules promulgated by an authoritative institution, where an authoritative institution is one widely seen in the community as having the authority to promulgate standards of conduct that govern the conduct of large parts of society. As might be obvious, this modification results in a concept of law that points towards an older positivist approach that Hart repudiated – Austin’s theory of law. Although the proposed definition is not identical to Austin’s -which I believe focused more on the use of sanctions to enforce standards -it is broadly similar in its focus on institutional rules. 168 And it offers a plausible view of a general concept of law. 169 My contention is not that individuals actually sh...
Mississippi Law Journal, 2004
Utah L. Rev., 2001
... will not abandon morality, will not think any better of murder, cruelty, and dishonesty simpl... more ... will not abandon morality, will not think any better of murder, cruelty, and dishonesty simply because some private sexual practice which they abominate is not punished by the law." 186 Although ... perhaps even most, think that Hart carried the day inasmuch as Devlin failed to ...
Buff. Crim. L. Rev., 2002
JAMA Network Open
Increased public concern regarding police use of force has coincided with a dearth of available d... more Increased public concern regarding police use of force has coincided with a dearth of available data to uncover the magnitude and trends in injuries, particularly across race or ethnicity. OBJECTIVE To examine trends in injury rates, severity, and disparities across black individuals, white individuals, Hispanic individuals, and Asian/Pacific Islander individuals. DESIGN, SETTING, AND PARTICIPANTS In this retrospective, cross-sectional study, data collected on every hospital visit in California from January 1, 2005, to September 30, 2015, were used to model trends in rates of legal intervention injuries (n = 92 386) per capita and per arrest for men aged 14 to 64 years, by race or ethnicity. The study also examined descriptive statistics on injury dispositions to assess changes in severity. Analyses were conducted between December 2017 and June 2018. were classified as legal intervention injuries. This range of codes includes injuries inflicted by the police or other law-enforcing agents in the course of arresting or attempting to arrest lawbreakers, suppressing disturbances, maintaining order, and other legal action. The study identified a total of 92 386 hospital visits that were the result of legal intervention among males aged 14 to 64 years. Black individuals were at the highest risk of legal intervention injury per capita in 2005 (for black vs white individuals, rate ratio, 2.90; 95% CI, 2.74-3.06), and remained so across the study period. Although rates among Asian/Pacific Islander individuals remained stable, rates in all other groups increased from 2005 to 2009 and then declined from 2009 to 2015, nearly returning to 2005 levels. During the period of increasing rates, the black to white disparity widened by 3% annually (rate ratio, 1.03; 95% CI, 1.01-1.05), then narrowed as rates declined. In contrast, rates of injury per arrest have increased over the past decade, although rates were broadly similar across race or ethnicity. The proportion of injuries involving firearms (ie, shootings by police) declined from 7.0% in 2005 and 2006 to 3.7% in 2014 and 2015. States with central repositories for hospital visits offer data sources to illuminate the public health problem of legal intervention injuries, and warrant greater attention to ensure consistent coding for complete capture.
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Papers by Aaron Rappaport