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DOI	10.1007/s11572-013-9207-z
	Military Veterans, Culpability, and Blame
	Lee, Youngjae
通讯作者	Lee, Y
来源期刊	CRIMINAL LAW AND PHILOSOPHY
ISSN	1871-9791
EISSN	1871-9805
出版年	2013
卷号	7 期号:2 页码:285-307
英文摘要	Recently in Porter v. McCollum, the United States Supreme Court, citing "a long tradition of according leniency to veterans in recognition of their service,'' held that a defense lawyer's failure to present his client's military service record as mitigating evidence during his sentencing for two murders amounted to ineffective assistance of counsel. The purpose of this Article is to assess, from the just deserts perspective, the grounds to believe that veterans who commit crimes are to be blamed less by the State than offenders without such backgrounds. Two rationales for a differential treatment of military veterans who commit crimes are typically set forth. The Porter Court raised each, stating that we should treat veterans differently "in recognition of'' both "their service'' and "the intense stress and mental and emotional toll'' of combat. The former factor suggests there being a "social contributions'' or gratitude-based discount, whereas the latter factor points towards a "mental disturbance'' discount. This Article analyzes the two accounts and raises some doubts about both. This Article then argues that a military veteran who commits a crime should not be blamed to the full extent of his blameworthiness, not necessarily because of his mental capacity nor because of his social contribution, but because the State's hand in producing his criminality undermines its standing to blame him.
英文关键词	Veterans Culpability Posttraumatic stress disorder Mitigation Punishment Retribution Blame Military Just and unjust war War crimes
类型	Article
语种	英语
收录类别	ESCI
WOS记录号	WOS:000214512400006
WOS关键词	POSTTRAUMATIC-STRESS-DISORDER ; POST-TRAUMATIC STRESS ; VIETNAM VETERANS ; COMBAT VETERANS ; PTSD ; AFGHANISTAN ; PATTERNS ; DEFENSE ; ANGER
WOS类目	Law
WOS研究方向	Government & Law
资源类型	期刊论文
条目标识符	http://119.78.100.177/qdio/handle/2XILL650/330295
作者单位	[Lee, Youngjae] Fordham Univ, Sch Law, New York, NY 10023 USA
推荐引用方式 GB/T 7714	Lee, Youngjae. Military Veterans, Culpability, and Blame[J],2013,7(2):285-307.
APA	Lee, Youngjae.(2013).Military Veterans, Culpability, and Blame.CRIMINAL LAW AND PHILOSOPHY,7(2),285-307.
MLA	Lee, Youngjae."Military Veterans, Culpability, and Blame".CRIMINAL LAW AND PHILOSOPHY 7.2(2013):285-307.

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