Tally | Against Mercy | 6
Over My Dead Body
Audible
4.5 • 28.3K Ratings
🗓️ 5 March 2019
⏱️ 39 minutes
🧾️ Download transcript
Summary
The Tally police department is convinced they have the evidence to arrest four people in a murder conspiracy. But prosecutors only charge three. Why?
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“Where the Enemy Sleeps” is performed by Scott Mackay featuring Lucette.
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Transcript
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| 0:00.0 | Hey, prime members, you can listen to Over My Dead Body, |
| 0:03.6 | Add Free on Amazon Music, download the app today. |
| 0:07.6 | A listener note, this story contains adult content and language. |
| 0:11.3 | Our second speaker is Dan Marquell speaking about |
| 0:20.0 | Retributive Justice and the Demands of Democratic Citizenship. |
| 0:24.0 | Much of Dan Marquell's work focused on a legal concept called |
| 0:27.6 | Retributive Justice. The idea that the size of the punishment |
| 0:31.8 | should be proportionate to the size of the crime. |
| 0:35.8 | Greetings, everybody. Thank you very much to Nick and to Eugene and to Todd and |
| 0:41.4 | all my co-panelists as well as to |
| 0:43.8 | this speech to a bunch of legal academics at a hotel ballroom in DC |
| 0:48.5 | was one of dozens Dan gave on the subject over the years. |
| 0:51.4 | I argue that we can, as Retributive, is loosen up on the criminalization question |
| 0:56.0 | and move beyond the insistence on more or wrong doing as a prerequisite for |
| 1:01.0 | justifying Retributive Punishment at least in liberal democracies and that |
| 1:05.3 | qualification. One of his most famous papers is |
| 1:08.2 | an article called Against Mercy, right, which sounds like how can you be against |
| 1:12.0 | Mercy? That stands colleague Mark Spotswood. |
| 1:15.0 | But the idea is exercising mercy in a case by case way and lessening |
| 1:19.9 | punishment really is just creating disparities between offenders who've done |
| 1:24.5 | similar things. So I'll stop there because I've already |
| 1:27.3 | gone on but I'm happy to answer questions later and hopefully this will |
... |
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