Download or read book Assessing the evolving Standards of Decency written by Rachel A. Kalbeitzer and published by . This book was released on 2004 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Assessing the evolving standards of decency written by Miranda A. DeWitte and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Question of Evolving Standards of Decency and the Modern Concept of American Childhood in the Supreme Court written by Kari Peterson and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern Americans increasingly perceive childhood as a distinct stage of life. As a result, the legal recognition of psychological differences between juveniles and adults in a series of Supreme Court cases has rendered juveniles under the age of eighteen as less culpable during criminal sentencing. This increasingly liberal attitude in the courts towards juvenile punishment has been officially established through Eighth Amendment jurisprudence in three major Supreme Court cases: Roper v. Simmons (2005), Graham v. Florida (2010), and Miller v. Alabama (2012). Roper v. Simmons established the precedent of leniency towards juveniles by abolishing the death penalty for minors under eighteen years of age. Graham v. Florida and Miller v. Alabama followed, establishing that life imprisonment for juveniles for a homicidal crime and for a non-homicidal crime respectively are unconstitutional. After close analysis of these landmark cases in juvenile sentencing, there is substantial evidence that the Supreme Court did not simply rely on an interpretation of the text of the Eighth Amendments cruel and unusual punishment clause, as elaborated in earlier jurisprudence, but instead looked towards current societys moral opinion as a determining factor in the rulings. The Courts majority relied on the concept of evolving standards of decency in society, ruling that societys current ideas about juveniles place within both the nation and the world render harsh punishments typically applied to adults to be cruel and unusual for juveniles, in this sense counter to the Eighth Amendment of the Constitution. To pinpoint societys current attitude toward juveniles, this thesis entails a close evaluation of the amicus briefs used by the Court. The examination of amicus briefs is the central contribution of this thesis. My comparison of texts of the briefs and the majority rulings indicates that the Courts majorities were influenced by the briefs. Sixteen out of the eighteen briefs submitted supported the evolving standards of decency view and incorporated social science evidence. Using Roper v. Simmons as an example, the majority opinion echoed sources that claimed to represent societys prevailing attitudes about juveniles, most significantly, submitted by advocacy groups, legal and medical professionals, and international human rights organizations. This thesis evaluates how these amicus briefs articulated the opinions of a number of groups within American society to place juveniles in a separate and protected class of citizens. Judging by textual comparisons, the majority on the Court responded to this action by paying greater attention to the shifting opinions of morality within society than the words of the Constitution. In doing so, the majority accepted social science evidence as a legitimate indicator of evolving standards of decency and affirmed that public opinion should be relevant in judicial rulings. The dissents in Roper took issue with the relevance of changing values as indicated by social scientific evidence. Briefs submitted by groups favorable to a strict constitutional basis of judgement challenged the majoritys opinion, displaying many connections to the dissents.
Download or read book Evolving Standards of Decency written by Mary Welek Atwell and published by Peter Lang. This book was released on 2004 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court has looked to «evolving standards of decency» in determining whether the death penalty violates the Eighth Amendment to the Constitution, which prohibits cruel and unusual punishment. Evolving Standards of Decency examines the ways in which popular culture portrays the death penalty. By analyzing literature and film, Atwell argues that capital punishment becomes much more complex when both offenders and victims are presented as fully developed individuals. Numerous books and films from the last several decades expose flaws in the criminal justice system and provide audiences with stories that raise questions about race, class, and actual innocence in the administration of the ultimate punishment. Although most people will not read legal briefs supporting or challenging the death penalty, many will see films or read novels that raise issues about its fairness. Themes and images gathered through popular culture may ultimately influence whether Americans continue to believe that capital punishment conforms to their evolving standards of decency and justice. Those studying justice issues, corrections, or capital punishment will find this an accessible and provocative work that places the stories read in novels or seen in movies in the context of the legal system that has the power of life and death.
Download or read book Assessing the evolving Standards of Decency written by Tracy L. Fass and published by . This book was released on 2007 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent judicial decisions and statutory changes have resulted in an absolute ban on capital punishment for convicted juvenile offenders. This study examines public opinion of alternative sentencing options: life without parole, life with parole, and blended sentencing. The current study is the first to assess public opinion of life without parole outside the context of public opinion of capital punishment for juveniles. A total of 359 participants (189 undergraduate students and 170 law students) were administered a vignette describing the commission and conviction of a serious crime. The participants were asked to rate how likely they would be to sentence the defendant to each of the three sentence options. Results provided partial support for the hypotheses that defendant age, culpability, and offense severity are positively related to sentence severity, and participants' level of education is negatively related to sentence severity. Overall, results indicate that participants preferred a blended sentence most, life with parole second, and life without parole least. It appears that both the general public and the legal community support the use of the juvenile justice system as a first step in punishing a defendant, and neither group supports the trend toward more punitive treatment of juvenile offenders.
Download or read book Capital Punishment for Mentally Lll Offenders written by Michele Pich and published by . This book was released on 2013 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, several landmark cases have excluded groups of offenders from capital punishment eligibility on the basis of diminished capacity and evolving standards of decency. The current study examined data from 203 university students to examine the evolving standards of decency regarding death penalty eligibility for individuals with mental health diagnoses. Participants were provided with one of four case vignettes, which varied only by mental health diagnosis, and asked to sentence the defendant in the vignette to death or to life in prison without the possibility of parole. Results revealed that sentencing decision differed by diagnosis; participants sentenced the defendant with Paranoid Schizophrenia less harshly than they did the defendants with Bipolar I Disorder without psychotic features, Generalized Anxiety Disorder, and no mental health diagnosis. Perceived level of responsibility for the crime did not significantly mediate the relationship between diagnosis and sentencing decision.
Download or read book Mental Disability and the Death Penalty written by Michael L. Perlin and published by Rowman & Littlefield Publishers. This book was released on 2013-01-17 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no question that the death penalty is disproportionately imposed in cases involving defendants with mental disabilities. There is clear, systemic bias at all stages of the prosecution and the sentencing process – in determining who is competent to be executed, in the assessment of mitigation evidence, in the ways that counsel is assigned, in the ways that jury determinations are often contaminated by stereotyped preconceptions of persons with mental disabilities, in the ways that cynical expert testimony reflects a propensity on the part of some experts to purposely distort their testimony in order to achieve desired ends. These questions are shockingly ignored at all levels of the criminal justice system, and by society in general. Here, Michael Perlin explores the relationship between mental disabilities and the death penalty and explains why and how this state of affairs has come to be, to explore why it is necessary to identify the factors that have contributed to this scandalous and shameful policy morass, to highlight the series of policy choices that need immediate remediation, and to offer some suggestions that might meaningfully ameliorate the situation. Using real cases to illustrate the ways in which the persons with mental disabilities are unable to receive fair treatment during death penalty trials, he demonstrates the depth of the problem and the way it’s been institutionalized so as to be an accepted part of our system. He calls for a new approach, and greater attention to the issues that have gone overlooked for so long.
Download or read book The Evolving Standards of Decency written by Adam Grubb and published by . This book was released on 2007 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Confirmation Hearings on Federal Appointments written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2013 with total page 802 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Palgrave Handbook on the Philosophy of Punishment written by Matthew C. Altman and published by Springer Nature. This book was released on 2023-03-23 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook provides a comprehensive survey of major topics in the philosophy of punishment from many of the field’s leading scholars. Key features Presents a history of punishment theory from ancient times to the present. Evaluates the main proposed justifications of punishment, including retributivism, general and specific deterrence theories, mixed theories, expressivism, societal-defense theory, fair play theory, rights forfeiture theory, and the public health-quarantine model. Discusses sentencing, proportionality, policing, prosecution, and the role punishment plays in the context of the state. Examines advances in neuroscience and debates about whether free will skepticism undermines the justifiability of punishment. Considers forgiveness, restorative justice, and calls to abolish punishment. Addresses pressing social issues such as mass incarceration, juvenile justice, punitive torture, the death penalty, and “cruel and unusual” punishment. · With its unmatched breadth and depth, this book is essential reading for scholars who want to keep abreast of the field and for advanced students wishing to explore the frontiers of the subject.
Download or read book The Eighth Amendment and Its Future in a New Age of Punishment written by Meghan J. Ryan and published by Cambridge University Press. This book was released on 2020-06-11 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theoretical and practical exploration of the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines.
Download or read book Handbook of Community Sentiment written by Monica K. Miller and published by Springer. This book was released on 2014-11-18 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the most comprehensive reference book on community sentiment available. The classic book about community sentiment is Norm Finkel’s “Commonsense Justice: Jurors’ Notions of the Law” (1995). A similarly influential book called “Justice, Liability, and Blame” was published at the same time, examining lay sentiment about a variety of criminal issues and suggesting ways in which the substantive criminal law could be reformed in light of such lay responses (Robinson & Darley, 1995). Although these books were influential and important for their time (and since), this Handbook expands significantly on them, both by updating research since that time and broadens the scope of topic areas to ones that are not limited to trial and criminal justice issues. Each chapter is original/unpublished and focuses on an area related to children/families, many of which are “hot topic” areas in the news and courts today. For instance, the U.S. Supreme Court decided a case in June 2012 about the constitutionality of “life without parole” for juvenile offenders—a topic discussed in the Fass and Miora chapter. Thus, it is of interest to those interested in family law topics as well.
Download or read book The Death Penalty written by Scott Vollum and published by Routledge. This book was released on 2014-03-15 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Death Penalty, Third Edition, brings together all the legal issues related to the death penalty and provides case briefs for the most important United States Supreme Court death penalty cases. No other book available brings together a discussion of the major constitutional issues surrounding the death penalty with a broad array of associated case briefs. The authors classify cases according to legal issues and provide a commentary on the various sub-topics, presenting legal materials in an easily understood form. Though the primary audiences of the book are undergraduates in criminal justice programs and practitioners in the corrections and justice systems, the book will also prove useful to anyone who has an interest in the death penalty, the criminal justice system, or the United States Constitution. Every chapter starts with commentaries regarding general case law in a sub-topic, such as aggravating and mitigating factors, followed by a chart of the cases briefed in the chapter, and then the case briefs. These case briefs acquaint the reader with Supreme Court cases by summarizing facts, issues, reasons, and holdings. The Death Penalty, Third Edition, is a succinct, trusted guide to the law of capital punishment in the United States. Offers a large number of case briefs from the most important and most recent Supreme Court decisions involving the death penalty to illustrate evolution of death penalty law and the Constitutional standing of capital punishment Reflects significant shifts in the social and political climate surrounding the death penalty in recent years Provides updated discussion of key death penalty trends and issues including those associated with number of executions, wrongful convictions/executions, public attitudes and support for the death penalty, and current controversies surrounding its use
Download or read book De Paul Law Review written by and published by . This book was released on 2004 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Globalizing Justice written by Donald W. Jackson and published by State University of New York Press. This book was released on 2010-04-07 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays assessing the impact of globalization on law and court systems across the world.
Download or read book Ricoeur Across the Disciplines written by Scott Davidson and published by Bloomsbury Publishing. This book was released on 2011-11-03 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multidisciplinary investigation facilitates a new conversation between Ricoeur scholars and those working in a variety of domains. While a number of books and anthologies on Ricoeur's thought have been published over the past decade, "Ricoeur Across the Disciplines" is unique in its multidisciplinary scope. The books currently on the market are typically one of either two kinds: either they provide a general overview of Ricoeur's thought or they focus on a narrow set of themes within a specific discipline (cf. list of competing titles). While other books may allude to the multidisciplinary potential for Ricoeur's thought, this book is the first to carry out a truly multidisciplinary investigation of Ricoeur's thought. The aim of this multidisciplinary investigation is not only to draw out the nuances of Ricoeur's thought but also to facilitate a new conversation between Ricoeur scholars and those working in a variety of domains.
Download or read book Punishing the Other written by Anna Eriksson and published by Routledge. This book was released on 2015-08-20 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punishing the Other draws on the work of Zygmunt Bauman to discuss contemporary discourses and practices of punishment and criminalization. Bringing together some of the most exciting international scholars, both established and emerging, this book engages with Bauman’s thesis of the social production of immorality in the context of criminalization and social control and addresses processes of ‘othering’ through a range of contemporary case studies situated in various cultural, political and social contexts. Topics covered include the increasing bureaucratization of the business of punishment with the corresponding loss of moral and ethical reflection in the public sphere; punitive discourses around border control and immigration; and exclusionary discourses and their consequences concerning ‘terrorists’ and other socially and culturally defined outsiders. Engaging with national and global issues that are more topical now than ever before, this book is essential reading for academics and students of involved in the study of the sociology of punishment, punishment and modern society, the criminal justice system, philosophy and punishment, and comparative criminology and penology.
