Download or read book An Essay on Crimes and Punishments written by Cesare Beccaria and published by The Lawbook Exchange, Ltd.. This book was released on 2006 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
Download or read book Remembering and Disremembering the Dead written by Floris Tomasini and published by Springer. This book was released on 2017-08-01 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is open access under a CC BY 4.0 licence. This book is a multidisciplinary work that investigates the notion of posthumous harm over time. The question what is and when is death, affects how we understand the possibility of posthumous harm and redemption. Whilst it is impossible to hurt the dead, it is possible to harm the wishes, beliefs and memories of persons that once lived. In this way, this book highlights the vulnerability of the dead, and makes connections to a historical oeuvre, to add critical value to similar concepts in history that are overlooked by most philosophers. There is a long historical view of case studies that illustrate the conceptual character of posthumous punishment; that is, dissection and gibbetting of the criminal corpse after the Murder Act (1752), and those shot at dawn during the First World War. A long historical view is also taken of posthumous harm; that is, body-snatching in the late Georgian period, and organ-snatching at Alder Hey in the 1990s.
Download or read book Last Chance for Life written by Daniel Pascoe and published by Oxford University Press, USA. This book was released on 2019 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clarendon Studies in Criminology aims to provide a forum for outstanding empirical and theoretical work in all aspects of criminology and criminal justice, broadly understood. The Editors welcome submissions from established scholars, as well as excellent PhD work. The Series was inaugurated in 1994, with Roger Hood as its first General Editor, following discussions between Oxford University Press and three criminology centres. It is edited under the auspices of these three criminological centres: the Cambridge Institute of Criminology, the Mannheim Centre for Criminology at the London School of Economics, and the Centre for Criminology at the University of Oxford. Each supplies members of the Editorial Board and, in turn, the Series Editor. Book jacket.
Download or read book Discretionary Justice written by Carolyn Strange and published by NYU Press. This book was released on 2016-12-20 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The pardon is an act of mercy, tied to the divine right of kings. Why did New York retain this mode of discretionary justice after the Revolution? And how did governors’ use of this prerogative change with the advent of the penitentiary and the introduction of parole? This book answers these questions by mining previously unexplored evidence held in official pardon registers, clemency files, prisoner aid association reports and parole records. This is the first book to analyze the histories of mercy and parole through the same lens, as related but distinct forms of discretionary decision-making. It draws on governors’ public papers and private correspondence to probe their approach to clemency, and it uses qualitative and quantitative methods to profile petitions for mercy, highlighting controversial cases that stirred public debate. Political pressure to render the use of discretion more certain and less personal grew stronger over the nineteenth century, peaking during constitutional conventionsand reaching its height in the Progressive Era. Yet, New York’s legislators left the power to pardon in the governor’s hands, where it remains today. Unlike previous works that portray parole as the successor to the pardon, this book shows that reliance upon and faith in discretion has proven remarkably resilient, even in the state that led the world toward penal modernity.
Download or read book Theaters of Pardoning written by Bernadette Meyler and published by Cornell University Press. This book was released on 2019-09-15 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Gerald Ford's preemptive pardon of Richard Nixon and Donald Trump's claims that as president he could pardon himself to the posthumous royal pardon of Alan Turing, the power of the pardon has a powerful hold on the political and cultural imagination. In Theaters of Pardoning, Bernadette Meyler traces the roots of contemporary understandings of pardoning to tragicomic "theaters of pardoning" in the drama and politics of seventeenth-century England. Shifts in how pardoning was represented on the stage and discussed in political tracts and in Parliament reflected the transition from a more monarchical and judgment-focused form of the concept to an increasingly parliamentary and legislative vision of sovereignty. Meyler shows that on the English stage, individual pardons of revenge subtly transformed into more sweeping pardons of revolution, from Shakespeare's Measure for Measure, where a series of final pardons interrupts what might otherwise have been a cycle of revenge, to later works like John Ford's The Laws of Candy and Philip Massinger's The Bondman, in which the exercise of mercy prevents the overturn of the state itself. In the political arena, the pardon as a right of kingship evolved into a legal concept, culminating in the idea of a general amnesty, the "Act of Oblivion," for actions taken during the English Civil War. Reconceiving pardoning as law-giving effectively displaced sovereignty from king to legislature, a shift that continues to attract suspicion about the exercise of pardoning. Only by breaking the connection between pardoning and sovereignty that was cemented in seventeenth-century England, Meyler concludes, can we reinvigorate the pardon as a democratic practice.
Download or read book Sentencing Law and Policy written by Nora V. Demleitner and published by . This book was released on 2004 with total page 858 pages. Available in PDF, EPUB and Kindle. Book excerpt: Four leading sentencing scholars have produced the first and only text with enough up-to-date material to support a full course or seminar on sentencing. Other texts offer only partial coverage or out-of-date examples. The chapters in Sentencing Law and Policy: Cases, Statutes, and Guidelines present examples from three distinct types of sentencing guideline-determinate, and capital. The materials draw on the full spectrum of legal institutions, from the U.S. Supreme Court To The state court level, with close consideration of the role of legislatures and sentencing commissions. The only current, full-course text on sentencing, this new title offers: an 'intuitive', conceptually-based organization that looks at the essential substantative components and procedural steps following the sequence of decisions that typically occurs in every criminal sentencing examples covering three distinct areas of sentencing, with chapter materials based on guideline-determinate, indeterminate, and capital sentencing materials from a range of institutions, including decision from the U.S. Supreme Court, state high courts, federal appellate courts, and some foreign jurisdictions - along with statutes and guideline provisions, and reports from various sentencing commissions and agencies in-text notes on sentencing policies that explain common practices in U.S. jurisdictions, then ask students to compare different institutional practices and consider the relationship between sentencing rules, politics, And The broader aims of criminal justice
Download or read book The Pardoning Power of the President written by Willard Harrison Humbert and published by . This book was released on 1961 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Crimes and Punishments written by James Anson Farrer and published by . This book was released on 1880 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pardons written by Kathleen Dean Moore and published by Oxford University Press. This book was released on 1997-07-03 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Pardons, Kathleen Dean Moore addresses a host of crucial questions surrounding acts of clemency, including what justifies pardoning power, who should be pardoned, and the definition of an unforgivable crime. Illustrating her arguments with rich and fascinating historical examples--some scandalous or funny, others inspiring or tragic--Moore examines the philosophy of pardons from King James II's practice of selling pardons for two shillings, through the debates of the Founding Fathers over pardoning power, to the record low number of pardons during recent U. S. administrations. Carefully analyzing the moral justification of clemency, Moore focuses on presidential pardons, revealing that over and over again--after the Civil War, after Prohibition, after the Vietnam War, and after Watergate--controversies about pardons have arisen at times when circumstances have prevented people from thinking dispassionately about them. Her groundbreaking study concludes with recommendations for the reform of presidential pardoning practices.
Download or read book Comparative Executive Clemency written by Andrew Novak and published by Routledge. This book was released on 2015-08-20 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer’s decision to arrest, a prosecutor’s decision to prosecute, and a judge’s decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.
Download or read book The Law of Treason and Treason Trials in Later Medieval France written by S. H. Cuttler and published by Cambridge University Press. This book was released on 2003-12-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: An account of the theoretical framework, legal complexities and enforcement of the French treason law.
Download or read book An American Dictionary of the English Language written by Noah Webster and published by . This book was released on 1841 with total page 1122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pardons and Commutations of Sentences written by Brandon Sample Esq and published by . This book was released on 2019-02-21 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The President of the United States and the Governor of each state are empowered to grant pardons and commutations. A pardon can eliminate the collateral consequences of a conviction. A commutation can reduce the length of a sentence. In general, a pardon is sought after release from prison. A commutation, on the other hand, is used by prisoners to lessen their sentence.This easy to read guidebook is designed to assist individuals who want to apply for a pardon or commutation of sentence. The guidebook gives practical information about the process for applying for clemency, what to include in your petition, and provides answers about executive clemency in general.The guidebook is a "must have" for any individual who wants to navigate the complex process of applying for a pardon or commutation of sentence.
Download or read book Perjury and Pardon Volume I written by Jacques Derrida and published by University of Chicago Press. This book was released on 2022-09-27 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: An inquiry into the problematic of perjury, or lying, and forgiveness from one of the most influential philosophers of the twentieth century. “One only ever asks forgiveness for what is unforgivable.” From this contradiction begins Perjury and Pardon, a two-year series of seminars given by Jacques Derrida at the École des hautes études en sciences sociales in Paris in the late 1990s. In these sessions, Derrida focuses on the philosophical, ethical, juridical, and political stakes of the concept of responsibility. His primary goal is to develop what he calls a “problematic of lying” by studying diverse forms of betrayal: infidelity, denial, false testimony, perjury, unkept promises, desecration, sacrilege, and blasphemy. Although forgiveness is a notion inherited from multiple traditions, the process of forgiveness eludes those traditions, disturbing the categories of knowledge, sense, history, and law that attempt to circumscribe it. Derrida insists on the unconditionality of forgiveness and shows how its complex temporality destabilizes all ideas of presence and even of subjecthood. For Derrida, forgiveness cannot be reduced to repentance, punishment, retribution, or salvation, and it is inseparable from, and haunted by, the notion of perjury. Through close readings of Kant, Kierkegaard, Shakespeare, Plato, Jankélévitch, Baudelaire, and Kafka, as well as biblical texts, Derrida explores diverse notions of the “evil” or malignancy of lying while developing a complex account of forgiveness across different traditions.
Download or read book White House Studies Compendium written by Glenn P. Hastedt and published by Nova Publishers. This book was released on 2007 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American Presidency has become one of the most powerful offices in the world with the ascendency of American power in the 20th century.'White House Studies Compendium' brings together piercing analyses of the American presidency -- dealing with both currect issues and historical events.The compendia are the bound issues of 'White House Studies' with the addition of a comprehensive subject index.
Download or read book The Presidential Pardon Power written by Jeffrey Crouch and published by University Press of Kansas. This book was released on 2009-05-26 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until President Gerald Ford pardoned former president Richard Nixon for the Watergate scandal, most members of the public probably paid little attention to the president's use of the clemency power. Ford's highly controversial pardon of Nixon, however, ignited such a firestorm of protest that, fairly or unfairly, it may have cost him the presidency in 1976. Ever since, presidential pardons have been the subject of increased scrutiny and the focus of news media with a voracious appetite for scandal. This first book-length treatment of presidential pardons in twenty years updates the clemency controversy to consider its more recent uses-or misuses. Blending history, law, and politics into a seamless narrative, Jeffrey Crouch provides a close look at the application and scrutiny of this power. His book is a virtual primer on the subject, covering all facets from its background in English law to current applications. Crouch considers the framers' vision of how clemency would fit into the separation of powers as an "act of grace" or a check on injustice, then explains how the president and Congress have struggled for supremacy over the pardon power, with the Supreme Court generally deferring to the executive branch's desire for its broadest possible application. Before the modern era, presidents rarely interfered in the justice system to protect aides from prosecution, and Crouch examines some of the more controversial pardons in our history, from the Whiskey rebels to Jimmy Hoffa. In the wake of Watergate, he shows, the use of presidential pardons has become more controversial. Crouch assesses whether independent counsel investigations and special prosecutors have prompted the executive to use the pardon as a weapon in interbranch political warfare. He argues that the clemency power has been misused by recent presidents, who have used it to protect themselves or their subordinates, or to reward supporters. And although he concedes that Ford's pardon of Nixon reflected the framers' concerns about preserving government in a time of crisis, he argues that more recent cases involving the Iran-Contra conspirators, commodities trader Marc Rich, and vice-presidential chief-of-staff "Scooter" Libby have demonstrated a disturbing misapplication of power. In fleshing out these misuses of clemency, Crouch weighs the pros and cons of proposed amendments to the pardon power, one of the few powers that are virtually unlimited in the Constitution. The Presidential Pardon Power takes up a key issue in debates over the imperial presidency and urges that public and scholars alike pay closer attention to a dangerous trend.
Download or read book Harsh Justice written by James Q. Whitman and published by Oxford University Press. This book was released on 2005-04-14 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal punishment in America is harsh and degrading--more so than anywhere else in the liberal west. Executions and long prison terms are commonplace in America. Countries like France and Germany, by contrast, are systematically mild. European offenders are rarely sent to prison, and when they are, they serve far shorter terms than their American counterparts. Why is America so comparatively harsh? In this novel work of comparative legal history, James Whitman argues that the answer lies in America's triumphant embrace of a non-hierarchical social system and distrust of state power which have contributed to a law of punishment that is more willing to degrade offenders.
