Download or read book The Capacity to Punish written by Henry N. Pontell and published by Indiana University Press. This book was released on 1985-02-22 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between crime, demographic characteristics, criminal justice resources, court processing and final sanctioning outcomes at the court level in the U.S. in the context of deterrence theory. It concludes that current criminal justice practices, especially the extremely low probability of certain and severe punishment, make the deterrent effect of punishment minimal under the current system of criminal justice. Court caseloads, influenced particularly be the degree of inequality in the population, appear to be pushing down the formal penalty structures, and hence the probability of sanction. The inability of courts to produce severe and certain sanctions is also linked to the overfunding of police relative to other criminal justice agencies, especially the office of the prosecutor. Putting more cops on the beat might actually lead to further erosion of the deterrent effect of punishment, as more violators are pushed through the 'revolving door' of the courts.
Download or read book Discipline and Punish written by Michel Foucault and published by Vintage. This book was released on 2012-04-18 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.
Download or read book Coercive Power in Social Exchange written by Linda D. Molm and published by Cambridge University Press. This book was released on 1997-01-28 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coercive Power in Social Exchange describes the progression and results of a decade-long program of experimental research on power in social exchange relations. Exchange theorists have traditionally excluded punishment and coercion from the scope of their analyses; Molm examines whether exchange theory can be expanded to include both reward and coercive power. Working within the framework of Emerson's power-dependence theory, but also drawing on the decision theory concepts of strategic action and loss aversion, Molm develops and tests a theory of coercion in social exchange that emphasizes the interdependence of these two bases of power. Her work shows that reward power and coercive power are fundamentally different, not only in their effects on behavior but also in the structural incentive to use power and the risks of power use. When exchanges are nonnegotiated and secured by the "shadow of the future", rather than by binding agreements, dependence both encourages and constrains the use of coercion.
Download or read book The Limits of Blame written by Erin I. Kelly and published by Harvard University Press. This book was released on 2018-11-12 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.
Download or read book Invisible Punishment written by Meda Chesney-Lind and published by The New Press. This book was released on 2011-05-10 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a series of newly commissioned essays from the leading scholars and advocates in criminal justice, Invisible Punishment explores, for the first time, the far-reaching consequences of our current criminal justice policies. Adopted as part of “get tough on crime” attitudes that prevailed in the 1980s and '90s, a range of strategies, from “three strikes” and “a war on drugs,” to mandatory sentencing and prison privatization, have resulted in the mass incarceration of American citizens, and have had enormous effects not just on wrong-doers, but on their families and the communities they come from. This book looks at the consequences of these policies twenty years later.
Download or read book The Cambridge Companion to Hobbes s Leviathan written by Patricia Springborg and published by Cambridge University Press. This book was released on 2007-07-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This Companion makes a new departure in Hobbes scholarship, addressing a philosopher whose impact was as great on Continental European theories of state and legal systems as it was at home. This volume is a systematic attempt to incorporate work from both the Anglophone and Continental traditions, bringing together newly commissioned work by scholars from ten different countries in a topic-by-topic sequence of essays that follows the structure of Leviathan, re-examining the relationship among Hobbes's physics, metaphysics, politics, psychology, and religion. Collectively they showcase important revisionist scholarship that re-examines both the context for Leviathan and its reception, demonstrating the degree to which Hobbes was indebted to the long tradition of European humanist thought. This Cambridge Companion shows that Hobbes's legacy was never lost and that he belongs to a tradition of reflection on political theory and governance that is still alive, both in Europe and in the diaspora.
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 Law as Punishment Law as Regulation written by Austin Sarat and published by Stanford University Press. This book was released on 2011-08-29 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law depends on various modes of classification. How an act or a person is classified may be crucial in determining the rights obtained, the procedures employed, and what understandings get attached to the act or person. Critiques of law often reveal how arbitrary its classificatory acts are, but no one doubts their power and consequence. This crucial new book considers the problem of law's physical control of persons and the ways in which this control illuminates competing visions of the law: as both a tool of regulation and an instrument of coercion or punishment. It examines various instances of punishment and regulation to illustrate points of overlap and difference between them, and captures the lived experience of the state's enterprise of subjecting human conduct to the governance of rules. Ultimately, the essays call into question the adequacy of a view of punishment and/or regulation that neglects the perspectives of those who are at the receiving end of these exercises of state power.
Download or read book Understanding Foucault Understanding Modernism written by David Scott and published by Bloomsbury Publishing USA. This book was released on 2017-02-23 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michel Foucault remains to this day a thinker who stands unchallenged as one of the most important of the 20th century. Among the characteristics that have made him influential is his insistent blurring of the border separating philosophy and literature and art, carried out on the basis of his confronting the problem of modernism, which he characterizes as a permanent task. To that end, even his most explicitly historical or strictly epistemological and methodological enquiries, which on their surface would seem not to have anything to do with literature, are full of allusions to modernist writers and artists like Mallarme, Baudelaire, Artaud, Klee, Borges, Broch-sometimes fleetingly, sometimes more extensively, as is the case with Foucault's life-long devotion to Bataille, Klossowski, Blanchot, and de Sade. Understanding Foucault, Understanding Modernism shows, on the one hand, that literature and the arts play a fundamental structural role in Foucault's works, while, on the other hand, it shifts to the foreground what it presumes to be motivating Foucault: the interrogation of the problem of modernism.
Download or read book Profit and Punishment written by Tony Messenger and published by St. Martin's Press. This book was released on 2021-12-07 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Profit and Punishment, a Pulitzer Prize-winning journalist exposes the tragedy of modern-day debtors prisons, and how they destroy the lives of poor Americans swept up in a system designed to penalize the most impoverished. “Intimate, raw, and utterly scathing” — Heather Ann Thompson, Pulitzer Prize-winning author of Blood in the Water “Crucial evidence that the justice system is broken and has to be fixed. Please read this book.” —James Patterson, #1 New York Times bestselling author As a columnist for the St. Louis Post-Dispatch, Tony Messenger has spent years in county and municipal courthouses documenting how poor Americans are convicted of minor crimes and then saddled with exorbitant fines and fees. If they are unable to pay, they are often sent to prison, where they are then charged a pay-to-stay bill, in a cycle that soon creates a mountain of debt that can take years to pay off. These insidious penalties are used to raise money for broken local and state budgets, often overseen by for-profit companies, and it is one of the central issues of the criminal justice reform movement. In the tradition of Evicted and The New Jim Crow, Messenger has written a call to arms, shining a light on a two-tiered system invisible to most Americans. He introduces readers to three single mothers caught up in this system: living in poverty in Missouri, Oklahoma, and South Carolina, whose lives are upended when minor offenses become monumental financial and personal catastrophes. As these women struggle to clear their debt and move on with their lives, readers meet the dogged civil rights advocates and lawmakers fighting by their side to create a more equitable and fair court of justice. In this remarkable feat of reporting, Tony Messenger exposes injustice that is agonizing and infuriating in its mundane cruelty, as he champions the rights and dignity of some of the most vulnerable Americans.
Download or read book To Punish or Persuade written by John Braithwaite and published by State University of New York Press. This book was released on 1985-06-30 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: In To Punish or Persuade, John Braithwaite declares that coal mine disasters are usually the result of corporate crime. He surveys 39 coal mine disasters from around the world, including 19 in the United States since 1960, and concludes that mine fatalities are usually not caused by human error or the unstoppable forces of nature. He shows that a combination of punitive and educative measures taken against offenders can have substantial effects in reducing injuries to miners. Braithwaite not only develops a model for determining the optimal mix of punishment and persuasion to maximize mine safety, but provides regulatory agencies in general with a model for mixing the two strategies to ensure compliance with the law. To Punish or Persuade looks at coal mine safety in the United States, Great Britain, Australia, France, Belgium, and Japan. It examines closely the five American coal mining companies with the best safety performance in the industry: U.S. Steel, Bethlehem Steel, Consolidation Coal Company, Island Creek Coal Company, and Old Ben Coal Company. It also takes a look at the safety record of unionized versus non-unionized mines and how safety regulation enforcement impacts productivity.
Download or read book The Ethics of Social Punishment written by Linda Radzik and published by Cambridge University Press. This book was released on 2020-11-12 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates the way ordinary people enforce morality in everyday life.
Download or read book Punished by Rewards written by Alfie Kohn and published by Mariner Books. This book was released on 1999 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criticizes the system of motivating through reward, offering arguments for motivating people by working with them instead of doing things to them.
Download or read book Clemency Cruelty in the Roman World written by Melissa Barden Dowling and published by University of Michigan Press. This book was released on 2006 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the formation of clemency as a human and social value in the Roman Empire
Download or read book Punishment and Prisons written by Joe Sim and published by SAGE. This book was released on 2009-06-25 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joe Sim traces the development of penal strategy over the past three decades, through a critical analysis of the relationship between penal policy and state power. Exploring the contested histories of punishment that are prominent in criminology, and its development in penal policy, the book analyzes four key dimensions of modern penal trends continuity and discontinuity in penal policy and practice, reform and rehabilitation, contesting penal power, and abolitionism. Articulate, innovative, and theoretically informed, Punishment and Prisons offers a critical overview of contemporary penal politics that will prove a compelling addition to the criminological library.
Download or read book Punishment and Freedom written by Alan Brudner and published by Oxford University Press. This book was released on 2012-02-23 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting an original theory on the nature of crimimal law, this text provides an understanding of apparent contradictions and paradoxes within the field.
Download or read book The Future of Punishment written by Thomas A. Nadelhoffer and published by Oxford University Press. This book was released on 2013-04-25 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twelve essays in this volume aim at providing philosophers, neuroscientists, psychologists, and legal theorists with an opportunity to examine the cluster of related issues that will need to be addressed as scholars struggle to come to grips with the picture of human agency being pieced together by researchers in the biosciences.
