Download or read book Why Criminalize written by Thomas Søbirk Petersen and published by Springer Nature. This book was released on 2019-11-28 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book defines and critically discusses the following five principles: the harm principle, legal paternalism, the offense principle, legal moralism and the dignity principle of criminalization. The book argues that all five principles raise important problems that point to rejections (or at least a rethink) of standard principles of criminalization. The book shows that one of the reasons why we should reject or revise standard principles of criminalization is that even the most plausible versions of the harm principle and legal paternalism that have been offered so far are rendered redundant by general moral theories. Furthermore, it demonstrates that the other three principles (or versions thereof), the offense principle, legal moralism and the dignity principle of criminalization, can either be covered by the harm principle, thus making these principles also redundant, or be seen to have what look like other unacceptable implications (e.g. that versions of legal moralism are based on speculative and incorrect empirical assumptions or violate what is called the criminological levelling-down challenge). As such, there is reason to move beyond traditional principles of criminalization, and instead to investigate alternative principles the state should be guided by when attempting to justify which kinds of conduct should be criminalized. Moreover, this book presents and defends such a principle – the utilitarian principle of criminalization.
Download or read book The Right Not to be Criminalized written by Dr Dennis J Baker and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. The book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be criminalized has proved to be a rather powerful justice constraint in the U.S. Yet the general right not to be criminalized has not been fully embraced in either the U.S. or Europe, although it does exist. This volume lays out the legal foundations of that right and the criteria for determining when the state might override it. The book will be of interest to researchers in the areas of legal philosophy, criminal law, constitutional law, and criminology.
Download or read book Mental Disorder and Crime written by Sheilagh Hodgins and published by SAGE Publications, Incorporated. This book was released on 1992-12-29 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contributors to this volume present and discuss new data which suggest that major mental disorder substantially increases the risk of violent crime. These findings come at a crucial time, since those who suffer from mental disorders are increasingly living in the community, rather than in institutions. The book describes the magnitude and complexity of the problem and offers hope that humane, effective intervention can prevent violent crime being committed by the seriously mentally disordered.
Download or read book The Rage of Innocence written by Kristin Henning and published by Vintage. This book was released on 2021-09-28 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant analysis of the foundations of racist policing in America: the day-to-day brutalities, largely hidden from public view, endured by Black youth growing up under constant police surveillance and the persistent threat of physical and psychological abuse "Storytelling that can make people understand the racial inequities of the legal system, and...restore the humanity this system has cruelly stripped from its victims.” —New York Times Book Review Drawing upon twenty-five years of experience representing Black youth in Washington, D.C.’s juvenile courts, Kristin Henning confronts America’s irrational, manufactured fears of these young people and makes a powerfully compelling case that the crisis in racist American policing begins with its relationship to Black children. Henning explains how discriminatory and aggressive policing has socialized a generation of Black teenagers to fear, resent, and resist the police, and she details the long-term consequences of racism that they experience at the hands of the police and their vigilante surrogates. She makes clear that unlike White youth, who are afforded the freedom to test boundaries, experiment with sex and drugs, and figure out who they are and who they want to be, Black youth are seen as a threat to White America and are denied healthy adolescent development. She examines the criminalization of Black adolescent play and sexuality, and of Black fashion, hair, and music. She limns the effects of police presence in schools and the depth of police-induced trauma in Black adolescents. Especially in the wake of the recent unprecedented, worldwide outrage at racial injustice and inequality, The Rage of Innocence is an essential book for our moment.
Download or read book Punished written by Victor M.. Rios and published by NYU Press. This book was released on 2011 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Boundaries of the Criminal Law written by R.A. Duff and published by Oxford University Press. This book was released on 2010-11-11 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book of a series on criminalization - examining the principles and goals that should guide what kinds of conduct are to be criminalized, and the forms that criminalization should take. The first volume studies the scope and boundaries of the criminal law - asking what principled limits might be placed on criminalizing behaviour.
Download or read book Pushout written by Monique W. Morris and published by New Press, The. This book was released on 2016-03-29 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifteen-year-old Diamond stopped going to school the day she was expelled for lashing out at peers who constantly harassed and teased her for something everyone on the staff had missed: she was being trafficked for sex. After months on the run, she was arrested and sent to a detention center for violating a court order to attend school. Just 16 percent of female students, Black girls make up more than one-third of all girls with a school-related arrest. The first trade book to tell these untold stories, Pushout exposes a world of confined potential and supports the growing movement to address the policies, practices, and cultural illiteracy that push countless students out of school and into unhealthy, unstable, and often unsafe futures. For four years Monique W. Morris, author of Black Stats, chronicled the experiences of black girls across the country whose intricate lives are misunderstood, highly judged—by teachers, administrators, and the justice system—and degraded by the very institutions charged with helping them flourish. Morris shows how, despite obstacles, stigmas, stereotypes, and despair, black girls still find ways to breathe remarkable dignity into their lives in classrooms, juvenile facilities, and beyond.
Download or read book Criminalized Mothers Criminalizing Mothering written by Bryan Hogeveen and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the fastest growing prison population worldwide, more and more women are living in cages and most of them are mothers. This alarming trend has huge ramifications for women, children and communities across the globe. Empathy for mothers behind bars and concern for criminalized mothers in the community is in short supply. Mothers are criminalized for their vulnerabilities and for making unpopular but difficult choices under material and ideological conditions not of their own choosing. Criminalized Mothers, Criminalizing Mothering shines a spotlight on mothers who are, by law or social regulation, criminalized and examines their troubles and triumphs. This book offers a critical and compassionate lens on social (in)justice, mass incarceration, and collective miseries women experience (i.e., economic inequality, gendered violence, devalued care work, lone-parenting etc.). This book is also about mothers' encounters with systems of control, confinement, and criminalization, but also their experiences of care.
Download or read book The Right Not to be Criminalized written by Dennis J. Baker and published by Routledge. This book was released on 2016-02-24 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. The book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be criminalized has proved to be a rather powerful justice constraint in the U.S. Yet the general right not to be criminalized has not been fully embraced in either the U.S. or Europe, although it does exist. This volume lays out the legal foundations of that right and the criteria for determining when the state might override it. The book will be of interest to researchers in the areas of legal philosophy, criminal law, constitutional law, and criminology.
Download or read book The Structures of The Criminal Law written by R. A. Duff and published by Oxford University Press. This book was released on 2011 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is concerned with three structures of criminal law: the internal structure of the law itself; the place of criminal law within the larger structure of law; and the relationships between legal, social and political structures.
Download or read book Criminalizing Women written by Gillian Balfour and published by . This book was released on 2014 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminalizing Women introduces readers to the key issues addressed by feminists engaged in criminology research over the past four decades. Chapters explore how narratives that construct women as errant females, prostitutes, street gang associates and symbols of moral corruption mask the connections between women s restricted choices and the conditions of their lives."
Download or read book Criminalized Power Structures written by Michael Dziedzic and published by Rowman & Littlefield. This book was released on 2016-07-18 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminalized power structures (CPS) are illicit networks that profit from transactions in black markets and from criminalized state institutions while perpetuating a culture of impunity. The book articulates a typology for assessing the threats of CPS and for implementing appropriate strategies to achieve sustainable peace effectively and efficiently. The international case studies address interventions undertaken either to support the implementation of a peace agreement (i.e., a peace operation) or to stabilize a country entangled in an internal conflict in the context of a power-sharing agreement among key protagonists (i.e., a stability operation). In each of these cases, at least one of the parties to the agreement was a criminalized power structure that was a leading spoiler. The final chapter identifies strategies that are most effective for each type of CPS, including the ways and means (or tools) required for effective conflict transformation. A companion volume, Combating Criminalized Power Structures: A Toolkit, provides practitioners with the means of coping with the challenges posed by CPS.
Download or read book Social Death written by Lisa Marie Cacho and published by NYU Press. This book was released on 2012-11-12 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2013 John Hope Franklin Book Prize presented by the American Studies Association A necessary read that demonstrates the ways in which certain people are devalued without attention to social contexts Social Death tackles one of the core paradoxes of social justice struggles and scholarship—that the battle to end oppression shares the moral grammar that structures exploitation and sanctions state violence. Lisa Marie Cacho forcefully argues that the demands for personhood for those who, in the eyes of society, have little value, depend on capitalist and heteropatriarchal measures of worth. With poignant case studies, Cacho illustrates that our very understanding of personhood is premised upon the unchallenged devaluation of criminalized populations of color. Hence, the reliance of rights-based politics on notions of who is and is not a deserving member of society inadvertently replicates the logic that creates and normalizes states of social and literal death. Her understanding of inalienable rights and personhood provides us the much-needed comparative analytical and ethical tools to understand the racialized and nationalized tensions between racial groups. Driven by a radical, relentless critique, Social Death challenges us to imagine a heretofore “unthinkable” politics and ethics that do not rest on neoliberal arguments about worth, but rather emerge from the insurgent experiences of those negated persons who do not live by the norms that determine the productive, patriotic, law abiding, and family-oriented subject.
Download or read book Arresting Dress written by Clare Sears and published by Duke University Press. This book was released on 2015-02-20 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1863, San Francisco’s Board of Supervisors passed a law that criminalized appearing in public in “a dress not belonging to his or her sex.” Adopted as part of a broader anti-indecency campaign, the cross-dressing law became a flexible tool for policing multiple gender transgressions, facilitating over one hundred arrests before the century’s end. Over forty U.S. cities passed similar laws during this time, yet little is known about their emergence, operations, or effects. Grounded in a wealth of archival material, Arresting Dress traces the career of anti-cross-dressing laws from municipal courtrooms and codebooks to newspaper scandals, vaudevillian theater, freak-show performances, and commercial “slumming tours.” It shows that the law did not simply police normative gender but actively produced it by creating new definitions of gender normality and abnormality. It also tells the story of the tenacity of those who defied the law, spoke out when sentenced, and articulated different gender possibilities.
Download or read book Criminalizing Atrocity written by Mark S. Berlin and published by . This book was released on 2020 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to systematically examine why countries adopt laws criminalizing genocide, war crimes, and crimes against humanity.
Download or read book Punishing Disease written by Trevor Hoppe and published by Univ of California Press. This book was released on 2018 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the very beginning of the epidemic, AIDS was linked to punishment. Calls to punish people living with HIV—mostly stigmatized minorities—began before doctors had even settled on a name for the disease. Punitive attitudes toward AIDS prompted lawmakers around the country to introduce legislation aimed at criminalizing the behaviors of people living with HIV. Punishing Disease explains how this happened—and its consequences. With the door to criminalizing sickness now open, what other ailments will follow? As lawmakers move to tack on additional diseases such as hepatitis and meningitis to existing law, the question is more than academic.
Download or read book Sex Fiends Perverts and Pedophiles written by Chrysanthi S. Leon and published by NYU Press. This book was released on 2011-08-22 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: From sex fiend laws to Jessica's Law, every state regularly passes popular tough-on-crime legislation, often written after highly-publicized cases have made the gruesome rounds through the media. Chrysanthi Leon shows that, while the singular notion of the sexual bogeyman has been used to justify these harsh policies, not all sex offenders are the same and such 'one size fits all' policies are well-intentioned but badly implemented. Leon argues for much-needed changes to the criminal justice system, ultimately showing that when policies intended for the worst offenders take over, all of us suffer.
