Jekyll, Hyde, and Criminal Law

I am looking forward to Professor Nicola Lacey’s public lecture at Marquette Law School tomorrow. Lacey’s presentation, the annual George and Margaret Barrock Lecture on Criminal Law, is entitled, “Socializing the Subject of Criminal Law? Criminal Responsibility and the Purposes of Criminalization.”  More information and registration are available here.

For an engaging and succinct introduction to Lacey’s important writing on criminal responsibility, I would recommend “Psychologizing Jekyll, Demonizing Hyde: The Strange Case of Criminal Responsibility,” 4 Crim. L. & Philosophy 109 (2010). In this article, Lacey uses the classic Robert Louis Stevenson story of Dr. Jekyll and Mr. Hyde to illustrate some fundamental tensions in thinking about criminal responsibility.

First published in 1886, Stevenson’s novella concerns a distinguished Victorian doctor, Jekyll, who despairs over his urges to indulge in vice. Jekyll devises a potion that splits the good and evil sides of his personality into distinct identities.   The animalistic Hyde may gratify his lusts without any risk to Jekyll’s reputation, or so it seems. The plan unravels, however, as Jekyll loses the ability to control the transformations, and the Hyde identity becomes dominant. Along the way, Hyde commits a murder and eventually kills himself (and thus Jekyll, too) in order to avoid arrest.

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Marquette Poll Reveals Support for Rehabilitation of Prisoners

For the past four years, Darren Wheelock and I have collaborated with Charles Franklin and the Marquette Law School Poll on a series of surveys of public attitudes toward sentencing and corrections policy in Wisconsin. Our 2015 results, released last week, seem to show remarkably high levels of support for prisoner rehabilitation. Of those who were asked, more than 80% expressed support for each of the following:

  • Expanding counseling programs for prisoners
  • Expanding job training programs for prisoners
  • Expanding educational programs for prisoners
  • Helping released offenders find jobs

At the same time, there are also indications of substantial, if somewhat lower, levels of support for various punitive policies:

  • About 47% supported making sentences more severe for all crimes
  • About 45% supported locking up more juvenile offenders
  • About 62% supported increasing the use of mandatory minimum sentences for repeat offenders
  • About 45% supported trying more juvenile offenders as adults

It is puzzling that many respondents expressed support for both pro-rehabilitation and tough-on-crime policies. We have also seen this phenomenon in earlier rounds of our polling.  

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Rodriguez v. United States: Supreme Court Says No to Prolonged Traffic Stops

Last week, the Supreme Court decided City of Los Angeles v. Patel, the fourth and final of its search-and-seizure cases this term. In Patel, the Court overturned a city ordinance requiring hotel operators to share information about their guests with the police.

Patel confirmed this as a good term for Fourth Amendment rights, joining Grady v. North Carolina (GPS tracking of sex offender counted as search for Fourth-Amendment purposes) and Rodriguez v. United States (police improperly extended traffic stop to conduct dog sniff of car). Less favorable, though, was Heien v. North Carolina (no suppression of evidence obtained after traffic stop that was based on officer’s reasonable mistake of law).

The remainder of this post will focus on Rodriguez, which strikes me as the most interesting of the Fourth-Amendment series. Broadly speaking, at issue was the extent to which the police can go on a fishing expedition when they pull over a driver for a traffic violation.  

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