Refusing the inheritance punishes nothing beyond the criminal law’s own terms

Evidence

My view of this case does not inflict upon 1lmer any greater or other punishment for his crime than the law specifies. It takes from him no property, but simply holds that he shall not acquire property by his crime, and thus be rewarded for its commission. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1921

Categorization

  • QUESTION: Earl’s assertion that withholding the estate adds no punishment is contestable and still debated by scholars; could frame a student discussion on whether denying an expectancy is itself a sanction beyond the murder penalty.
  • XREF: connects to: Letting a murderer inherit would disgrace the state’s jurisprudence — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1917; Law’s self-justified punishment replicates the lawlessness it punishes — Dirk Braunstein, Adorno’s Critique of Political Economy, 1452

Broader Connections