CONSTITUTIONALISM AND THE CRIMINAL LAW: RETHINKING CRIMINAL TRIAL BIFURCATION
Bibliographic record
Abstract
The article challenges the bifurcation of criminal trials into two distinct phases of conviction and sentencing, as well as the all-or-nothing sentencing regime that such separation facilitates. Pointing to the sub-optimality of the bifurcation of decision-making regarding guilt and punishment, the article proposes an alternative sentencing regime – comparative sentencing – in which the severity of the punishment is correlated with the probability of guilt. It shows that in the epistemic space above the ‘beyond a reasonable doubt’ threshold, comparative sentencing has a greater deterrent effect than uniform punishment, detached from certainty of guilt. It also demonstrates that when the level of certainty as to the defendant's guilt does not meet the ‘beyond a reasonable doubt’ standard, the imposition of partial punishment, reflecting epistemic certainty as to the defendant's culpability, may also lead – in certain circumstances – to better deterrence outcomes than the existing alternative of no punishment (full acquittal).
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 imitationNot 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.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.000 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.001 |
| Scholarly communication | 0.000 | 0.001 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.001 | 0.000 |
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.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
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".