In the context of criminal law reform, the tunnel vision that is produced by deeply embedded paradigms or patterns of criminality has the effect of stifling creativity. If left unchecked, the assumptions that serve as the backdrop to our criminal justice system will likely prevent reformers from giving serious consideration to alternatives that are in tension with the dominant patterns of criminality. I will end by arguing that one way of avoiding this outcome is by engaging in the comparative analysis of criminal law. Comparative analysis serves as a kind of “second opinion” that may help criminal law reformers to keep in check their natural tendency to conform to deeply embedded patterns of criminality.
Rutgers University Law Review
Luis E. Chiesa,
Comparative Analysis as an Antidote to Tunnel Vision in Criminal Law Reform: The Example of Complicity,
Rutgers U. L. Rev.
Available at: https://digitalcommons.law.buffalo.edu/journal_articles/979