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1. Discuss the legal philosopher H. L. A. Hart's features of criminal punishments that are
different from other sanctions.
It is a mistake to generalize about two opposing theories of law: natural law and legal positivism.
Both theories level charges against the other. What is less well known, but equally true, is that
historically both the natural law defenders and the proponents of legal positivism have disagreed
as much among themselves as with their opponents. H. L. A. Hart offers an alternative to
retributive thinking about criminal punishment that nevertheless preserves the central distinction
between guilt and innocence. He basically offers the eye for an eye punishment where in other
sanctions you can’t get an eye for an eye without being punished.
2. Describe some significant victims' rights legislation.
• The right to be reasonably protected from the accused.
• The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole
proceeding, involving the crime or of any release or escape of the accused.
• The right not to be excluded from any such public court proceeding, unless the court, after receiving clear
and convincing evidence, determines that testimony by the victim would be materially altered if the victim
heard other testimony at that proceeding.
• The right to be reasonably heard at any public proceeding in the district court involving release, plea,
sentencing, or any parole proceeding.
