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Record W3215258851 · doi:10.1163/15718123-bja10078

The Expressive Value of Prosecuting Aged Defendants: A Rebuke of Ageism

2021· article· en· W3215258851 on OpenAlexaff
Kirsten J. Fisher

Bibliographic record

VenueInternational Criminal Law Review · 2021
Typearticle
Languageen
FieldNeuroscience
TopicFree Will and Agency
Canadian institutionsUniversity of Saskatchewan
Fundersnot available
KeywordsCrueltyValue (mathematics)NormativeMoralitySentenceLawCriminologyPsychologySociologyPolitical sciencePhilosophy

Abstract

fetched live from OpenAlex

Abstract A common normative justification for criminal trials is their expressive value. The prosecution of aged defendants, especially those with deteriorating health, seemingly presents new expressive challenges, where the value of judging and punishing past wrongs seems to conflict with sympathies for the elderly, the seeming futility of prosecuting individuals who are unlikely to serve much of a sentence if convicted, and the seeming cruelty of putting the frail/ill through lengthy and taxing trials. Drawing from philosophical literature on respect for persons and the morality of aged-based differential treatment, this paper argues that deciding not to prosecute would be a communicative disservice to the old—defendants, living victims and those left behind, and other aged individuals within a society—by treating the aged as less agentic or as if their past lives and past actions, admirable or detestable, should no longer be associated with them, nor praised or condemned.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.002
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Bench or experimental · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.714
Threshold uncertainty score0.269

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.002
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.050
GPT teacher head0.321
Teacher spread0.270 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designBench or experimental
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations2
Published2021
Admission routes1
Has abstractyes

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