Rethinking Criminal Homicide Statutes: Giving Juries More Discretion

Offers tentative thoughts about how society might recodify murder statutes. Distinguishes between criminal homicide offenses on the basis of retributive, just-deserts criteria-on the basis of social harm caused and, in particular, one's culpability for causing the harm-rather than on the basis of differential degrees of future dangerousness. The second premise involves a defendant's Sixth Amendment right to trial by jury.