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Class #2: Punishment Theory in the Real World
Punishment theory is just that—theory. The arguments based on those theories must be made in the real world, which requires an awareness of the important social factors that have shaped and continue to shape the criminal law—most notably: race, class, and gender. People v. Du gives us a chance to begin addressing race, which is perhaps the most important social factor that has affected the development of criminal law and criminal justice policy in the United States.
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