Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Download or read book Theories of Crime and Punishment written by Claire Grant (Lecturer in law) and published by Pearson Education. This book was released on 2002 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exciting new book in the Longman Criminology Series provides a critical introduction to the principal theories of crime and punishment from the late eighteenth century to the present day. The approach addresses the social and political context from which each theory emerged, as well as its place within the intellectual development of the discipline. Readers are offered guidance on a close reading of the original texts in the area, many of which are by now seen as classics. Both academic and popular ideas and images of crime and punishment are discussed.

Download or read book A Theory of Legal Punishment written by Matthew C. Altman and published by Routledge. This book was released on 2021-05-05 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.

Download or read book A General Theory of Crime written by Michael R. Gottfredson and published by . This book was released on 1990 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: By articulating a general theory of crime and related behavior, the authors present a new and comprehensive statement of what the criminological enterprise should be about. They argue that prevalent academic criminology—whether sociological, psychological, biological, or economic—has been unable to provide believable explanations of criminal behavior. The long-discarded classical tradition in criminology was based on choice and free will, and saw crime as the natural consequence of unrestrained human tendencies to seek pleasure and to avoid pain. It concerned itself with the nature of crime and paid little attention to the criminal. The scientific, or disciplinary, tradition is based on causation and determinism, and has dominated twentieth-century criminology. It concerns itself with the nature of the criminal and pays little attention to the crime itself. Though the two traditions are considered incompatible, this book brings classical and modern criminology together by requiring that their conceptions be consistent with each other and with the results of research. The authors explore the essential nature of crime, finding that scientific and popular conceptions of crime are misleading, and they assess the truth of disciplinary claims about crime, concluding that such claims are contrary to the nature of crime and, interestingly enough, to the data produced by the disciplines themselves. They then put forward their own theory of crime, which asserts that the essential element of criminality is the absence of self-control. Persons with high self-control consider the long-term consequences of their behavior; those with low self-control do not. Such control is learned, usually early in life, and once learned, is highly resistant to change. In the remainder of the book, the authors apply their theory to the persistent problems of criminology. Why are men, adolescents, and minorities more likely than their counterparts to commit criminal acts? What is the role of the school in the causation of delinquincy? To what extent could crime be reduced by providing meaningful work? Why do some societies have much lower crime rates than others? Does white-collar crime require its own theory? Is there such a thing as organized crime? In all cases, the theory forces fundamental reconsideration of the conventional wisdom of academians and crimina justic practitioners. The authors conclude by exploring the implications of the theory for the future study and control of crime.

Download or read book Punishment written by Thom Brooks and published by Routledge. This book was released on 2021-03-30 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories of punishments, this book explores – among others – retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology.

Download or read book Crime and Punishment written by Hyman Gross and published by Oxford University Press. This book was released on 2012-01-12 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.

Download or read book Control Theories of Crime and Delinquency written by Chester L. Britt and published by Transaction Publishers. This book was released on 2011-12-31 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the past twenty to thirty years, control theories of crime have been at the center of theoretical development in criminology. Key to the control theory perspective is the notion that crime is an inherently individual act, and its explanation requires that we focus on the characteristics of individuals who commit crimes. Consequently, control theory focuses on such issues as self-control and social control. The contributions to this volume explicate and extend the application of control theory. It is divided into three general areas. Part 1 focuses on key assumptions and components of control theories. Contributors discuss the notion of learning, or socialization, in the context of control theory and the effects that families, peers, and the criminal justice system have on self-control, social ties, and criminal behavior. Part 2 applies control theory to areas typically assumed to be out of the domain of self-control theory and social control theory, such as gender differences in crime, domestic violence, and group crime. Considering control theory's emphasis on explaining individual criminal acts, these chapters suggest an interesting area of development by highlighting the possibility that differences in crime across or within groups may begin with individual characteristics and then making inferences about groups and group processes. Part 3 approaches the explanation of crime cross-nationally and at the macro-level. Although the authors take different approaches, they all illustrate that a theory of crime does not require culture-specific elements in order to be a valid cross-cultural explanation. Contributors to this volume include: Robert Agnew, Todd Armstrong, Leana Allen Bouffard, Augustine Brannigan, Chester Britt, Barbara Costello, Maja Dekovic, Matt DeLisi, Michael Gottfredson, Henriette Haas, Kelly H. Hardwick, Travis Hirschi, Marianne Junger, Martin Killias, Helen Mederer, Kevin Thompson, and Alexander Vazsonyi.

Download or read book Honor and Revenge A Theory of Punishment written by Whitley R.P. Kaufman and published by Springer Science & Business Media. This book was released on 2012-08-28 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the problem of justifying the institution of criminal punishment. It examines the “paradox of retribution”: the fact that we cannot seem to reject the intuition that punishment is morally required, and yet we cannot (even after two thousand years of philosophical debate) find a morally legitimate basis for inflicting harm on wrongdoers. The book comes at a time when a new “abolitionist” movement has arisen, a movement that argues that we should give up the search for justification and accept that punishment is morally unjustifiable and should be discontinued immediately. This book, however, proposes a new approach to the retributive theory of punishment, arguing that it should be understood in its traditional formulation that has been long forgotten or dismissed: that punishment is essentially a defense of the honor of the victim. Properly understood, this can give us the possibility of a legitimate moral justification for the institution of punishment.​

Download or read book Punishment and Citizenship written by Milena Tripkovic and published by . This book was released on 2019 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal disenfranchisement-the practice of restricting electoral rights following criminal conviction-is the only surviving electoral restriction of adult, mentally competent citizens in contemporary democracies. Despite the strong devotion to the principle of universal suffrage, criminal offenders are still routinely deprived of active and passive franchise, while the justifications for such limitations remain elusive and incoherent. In Punishment and Citizenship, Milena Tripkovic develops an empirical and normative account of criminal disenfranchisement. Starting from historical precedents of such restrictions and examining the current policies of a number of European countries, Tripkovic argues that while criminal disenfranchisement is considered a form of punishment, it should instead be viewed as a citizenship sanction imposed when a citizen fails to perform their role as a member of a political community. In order to determine the justifications of disenfranchisement, Tripkovic explores various citizenship ideals and examines whether criminal offenders comply with the expectations that are posed before them. After developing a theoretical framework of citizenship duties, Tripkovic concludes that very few criminal offenders fail to satisfy fundamental citizenship conditions and exhaustive voting restrictions cannot ultimately be justified. A comprehensive assessment of criminal disenfranchisement, Punishment and Citizenship offers concrete policy suggestions to determine the limited circumstances under which electoral rights could justifiably be withheld from criminal offenders.

Download or read book Emile Durkheim on Crime and Punishment An Exegesis written by Seamus Breathnach and published by Universal-Publishers. This book was released on 2002 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: in civilised society the rising "crime rate" is a thing of terror. Clever governments manipulate it, the public messianically fear it, and the social scientists misunderstand it. In the face of such confusion Emile Durkheim reminds us that without a crime rate society is utterly impossible; it cannot constitute itself, maintain its solidarity, or develop morally. In short, we cannot live with or without a crime rate. This dissertation is an exegetical work, and attempts to unpack the Criminology of Emile Durkheim. It is divided into six chapters, five of which are expository, the sixth critical. It begins with a look - in overview - at Durkheim`s philosophy and how it underpins his theories of crime and punishment (chap.1). By their nature theories of crime and punishment (chap.2) presuppose the more primary theoretical formulations both of evolution and society (chap.3), the one answering the theoretical time requirement, the other the spatial requirement, and each symbiotically related to the other in an integral theory of social evolution. Durkheim`s treatment of the modern State (and the Conscience Collective) as an organ of social control (chap.4), is of primary importance, not least because it underpins his treatment of the broader issues, such as the connection between civil and criminal law, morality, and authority (chap. 5). Since there is hardly a serious Durkheimian proposition that is reducible to a provable or an uncontentious fact (chap. 6), it can hardly surprise us that, on the one hand, he attracted such copious criticism and, on the other, has remained, perhaps the most popular sociologist of the twentieth and twenty first centuries.

Download or read book Issues in Political Theory written by Catriona McKinnon and published by Oxford University Press, USA. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This political theory textbook invites students to apply the concepts they encounter to real world politics. Each chapter includes a 2000 word case study to highlight the theories that have been discussed.

Download or read book SOU CCJ230 Introduction to the American Criminal Justice System written by Alison Burke and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Key Concepts in Crime and Society written by Ross Coomber and published by SAGE. This book was released on 2014-12-15 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A crucial text for whetting the academic appetite of those studying criminology at university. The comprehensive engagement with key crime and deviance debates and issues make this a perfect springboard for launching into the complex, diverse and exciting realm of researching criminology." - Dr Ruth Penfold-Mounce, University of York "Essential reading for those new to the discipline and an invaluable reference point for those well versed in criminology and the sociology of crime and deviance." - Dr Mark Monaghan, University of Leeds Key Concepts in Crime and Society offers an authoritative introduction to key issues in the area of crime as it connects to society. By providing critical insight into the key issues within each concept as well as highlighted cross-references to other key concepts, students will be helped to grasp a clear understanding of each of the topics covered and how they relate to broader areas of crime and criminality. The book is divided into three parts: Understanding Crime and Criminality: introduces topics such as the social construction of crime and deviance, social control, the fear of crime, poverty and exclusion, white collar crime, victims of crime, race/gender and crime. Types of Crime and Criminality: explores examples including human trafficking, sex work, drug crime, environmental crime, cyber crime, war crime, terrorism, and interpersonal violence. Responses to Crime: looks at areas such as crime and the media, policing, moral panics, deterrence, prisons and rehabilitation. The book provides an up-to-date, critical understanding on a wide range of crime related topics covering the major concepts students are likely to encounter within the fields of sociology, criminology and across the social sciences.

Download or read book Retribution Justice And Therapy written by J.G. Murphy and published by Springer Science & Business Media. This book was released on 1979-07-31 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of

Download or read book Criminology Goes to the Movies written by Nicole Hahn Rafter and published by NYU Press. This book was released on 2011 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a look at classics like Psycho and Double Indemnity to recent films like Traffic and Thelma & Louise, Nicole Rafter and Michelle Brown show that criminological theory is produced not only in the academy, through scholarly research, but also in popular culture, through film. Criminology Goes to the Movies connects with ways in which students are already thinking criminologically through engagements with popular culture, encouraging them to use the everyday world as a vehicle for theorizing and understanding both crime and perceptions of criminality. The first work to bring a systematic and sophisticated criminological perspective to bear on crime films, Rafter and Brown's book provides a fresh way of looking at cinema, using the concepts and analytical tools of criminology to uncover previously unnoticed meanings in film, ultimately making the study of criminological theory more engaging and effective for students while simultaneously demonstrating how theories of crime circulate in our mass-mediated worlds. The result is an illuminating new way of seeing movies and a delightful way of learning about criminology.

Download or read book Deterrence written by Thom Brooks and published by Routledge. This book was released on 2019-11-11 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deterrence is a theory which claims that punishment is justified through preventing future crimes, and is one of the oldest and most powerful theories about punishment. The argument that punishment ought to secure crime reduction occupies a central place in criminal justice policy and is the site for much debate. Should the state deter offenders through the threat of punishment? What available evidence is there about the effectiveness of deterrence? Is deterrence even possible? This volume brings together the leading work on deterrence from the dominant international figures in the field. Deterrence is examined from various critical perspectives, including its diversity, relation with desert, the relation of deterrence with incapacitation and prevention, the role deterrence has played in debates over the death penalty, and deterrence and corporate crime.

Download or read book Punishment written by Mark Tunick and published by Univ of California Press. This book was released on 2023-12-22 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: What actions should be punished? Should plea-bargaining be allowed? How should sentencing be determined? In this original, penetrating study, Mark Tunick explores not only why society punishes wrongdoing, but also how it implements punishment. Contending that the theory and practice of punishment are inherently linked, Tunick draws on a broad range of thinkers, from the radical criticisms of Nietzsche, Foucault, and some Marxist theorists through the sociological theories of Durkheim and Girard to various philosophical traditions and the "law and economics" movement. He defends punishment against its radical critics and offers a version of retribution, distinct from revenge, that holds that we punish not to deter or reform, but to mete out just deserts, vindicate right, and express society's righteous anger. Demonstrating first how this theory best accounts for how punishment is carried out, he then provides "immanent criticism" of certain features of our practice that don't accord with the retributive principle. Thought-provoking and deftly argued, Punishment will garner attention and spark debate among political theorists, philosophers, legal scholars, sociologists, and criminologists.