Last updated on: 4/2/2014 | Author:

Markus Dirk Dubber, JD Biography

Professor of Law at the University of Toronto
Not Clearly Pro or Con to the question "Should the Death Penalty Be Legal?"

“Today, punitive strategy has shifted from treatment to containment, from rehabilitation to incapacitation. Any residual faith in the possibility of psychological manipulation has been eradicated by the ‘nothing works’ assault on rehabilitationism, so much so that the criminological marker search has begun to rediscover the offender’s body. As recently as the fall of 1995, a conference in Maryland was devoted to the genetic origins of crime.19 The exploration of physical criminality markers, however, holds no promise of rehabilitative
treatment because the perceived immutability of distinguishing characteristics of criminality stands in direct proportion to their perceived physicality. After all, the manipulation of the offender’s body, say through psychosurgery or mutilation, continues to be frowned upon in important (but fuzzy) contrast to the manipulation of his soul, say through aversive conditioning or solitary confinement. The persistence of capital punishment in the United States is not to the contrary. Paradoxically, rehabilitationism’s medical model of punishment remains most influential in the infliction of the one punishment that can never rehabilitate, the death penalty. As a result, it is the very aphysicality at the heart of rehabilitationism that now makes rehabilitation impossible.”

“The Right to Be Punished: Autonomy and Its Demise in Modern Penal Thought,” Law and History Review, Spring 1998

Involvement and Affiliations:
  • Professor of Law, University of Toronto, 2011-present
  • Professor of Law, State University of New York at Buffalo School of Law, 1999-2011
  • Member, American Law Institute, 2002
  • Editor-in-Chief, New Criminal Law Review, 2006-2008
  • Director, Buffalo Criminal Law Center, 1996-2008
  • Editor, Buffalo Criminal Law Review, 1996-2006
  • Associate Professor of Law, State University of New York at Buffalo School of Law, 1993-1999
  • Harry A. Bigelow Teaching Fellow & Lecturer in Law, University of Chicago Law School, 1992-1993
  • Judicial Clerk, Chambers of Gerald B. Tjoflat, Chief Judge, US Court of Appeals for the Eleventh Judicial Circuit, 1991-1992
  • JD, Stanford University, 1991
  • AB, Philosophy, Harvard University, 1988
  • None found