What is the current state of the law in respect of "punishment for the vicious will"?
"New York", United States of America
The following excerpt is from People v. Marrero, 507 N.E.2d 1068, 515 N.Y.S.2d 212, 69 N.Y.2d 382 (N.Y. 1987):
1 "Historically, our substantive criminal law is based upon a theory of punishing the vicious will. It postulates a free agent confronted with a choice between doing right and doing wrong and choosing freely to do wrong" (Pound, Introduction to Sayre, Cases on Criminal Law [1927], quoted in Morissette v. United States, 342 U.S. 246, 250, n. 4, 72 S.Ct. 240, 243, n. 4, 96 L.Ed. 288).
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