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 Why Punish How Much written by Michael Tonry and published by Oxford University Press. This book was released on 2010-12-07 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Punishment, like all complex human institutions, tends to change as ways of thinking go in and out of fashion. Normative, political, social, psychological, and legal ideas concerning punishment have changed drastically over time, and especially in recent decades. Why Punish? How Much? collects essays from classical philosophers and contemporary theorists to examine these shifts. Michael Tonry has gathered a comprehensive set of readings ranging from Kant, Hegel, and Bentham to recent writings on developments in the behavioral and medical sciences. Together they cover foundations of punishment theory such as consequentialism, retributivism, and functionalism, new approaches like restorative, communitarian, and therapeutic justice, and mixed approaches that attempt to link theory and policy. This volume includes an accessible introduction that chronicles the development of punishment systems and theorizing over the course of the last two centuries. Why Punish? How Much? provides a fresh and comprehensive approach to thinking about punishment and sentencing for a broad range of law, sociology, philosophy, and criminology courses.
Download or read book The Future of Punishment written by Thomas A. Nadelhoffer and published by Oxford University Press. This book was released on 2013-03-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars are struggling to come to grips with the picture of human agency being pieced together by researchers in the biosciences. This volume aims at providing philosophers, neuroscientists, psychologists, and legal theorists with an opportunity to examine the cluster of related issues that will need to be addressed in light of these developments. Each of the twelve essays collected here sheds light on an issue essential to the future of punishment and retribution. In addition to exploring the sorts of issues traditionally discussed when it comes to free will and punishment, the volume also contains several chapters on the relevance (or lack thereof) of advances in the biosciences to our conceptions of agency and responsibility. While some contributors defend the philosophical status quo, others advocate no less than a total revaluation of our fundamental beliefs about moral and legal responsibility. This volume exposes the reader to cutting-edge research on the thorny relationship between traditional theories of agency and responsibility and recent and future scientific advances pertaining to these topics. It also provides an introduction to some of the long-standing debates in action theory and the philosophy of law, which concern the justification of punishment more generally.
Download or read book The Practice of Punishment written by Wesley Cragg and published by Routledge. This book was released on 2003-09-02 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study focuses on the practice of punishment, as it is inflicted by the state. The author's first-hand experience with penal reform, combined with philosophical reflection, has led him to develop a theory of punishment that identifies the principles of sentencing and corrections on which modern correctional systems should be built. This new theory of punishment is built on the view that the central function of the law is to reduce the need to use force in the resolution of disputes. Professor Cragg argues that the proper role of sentencing and sentence administration is to sustain public confidence in the capacity of the law to fulfil that function. Sentencing and corrections should therefore be guided by principles of restorative justice. He points out that, although punishment may be an inevitable concomitant of law enforcement in general and sentencing in particular, inflicting punishment is not a legitimate objective of criminal justice. The strength and appeal of this account is that it moves well beyond the boundaries of conventional discussions. It examines punishment within the framework of policing and adjudication, analyses the relationship between punishment and sentencing, and provides a basis for evaluating correctional practices and such developments as electronic monitoring.
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 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 The Urge to Punish written by Henry Weihofen and published by Praeger. This book was released on 1956 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Donated by Sydney Harris.
Download or read book The Immorality of Punishment written by Michael J. Zimmerman and published by Broadview Press. This book was released on 2011-04-20 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Immorality of Punishment Michael Zimmerman argues forcefully that not only our current practice but indeed any practice of legal punishment is deeply morally repugnant, no matter how vile the behaviour that is its target. Despite the fact that it may be difficult to imagine a state functioning at all, let alone well, without having recourse to punishing those who break its laws, Zimmerman makes a timely and compelling case for the view that we must seek and put into practice alternative means of preventing crime and promoting social stability.
Download or read book Punishment and Ethics written by J. Ryberg and published by Springer. This book was released on 2010-10-20 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of original contributions by philosophers working in the ethics of punishment, gathering new perspectives on various challenging topics including punishment and forgiveness, dignity, discrimination, public opinion, torture, rehabilitation, and restitution.
Download or read book Punishment and Responsibility written by H. L. A. Hart and published by OUP Oxford. This book was released on 2008-03-06 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.
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 The Punitive Imagination written by Austin Sarat and published by University of Alabama Press. This book was released on 2014-10-15 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a thought-provoking collection of five essays that explore the purposes and meanings of legal punishment in the United States, both culturally and socially From the Gospel of Matthew to numerous US Supreme Court justices, many literary and legal sources have observed that how a society metes out punishment reveals core truths about its character. The Punitive Imagination is a collection of essays that engages and contributes to debates about the purposes and meanings of punishment in the United States. The Punitive Imagination examines some of the critical assumptions that frame America's approach to punishment. It explores questions such as: · What is the place of concern for human dignity in our prevailing ideologies of punishment? · Can we justly punish the socially disadvantaged? · What assumptions about persons, social institutions, and the ordering of social space provide the basis for American punitiveness? · Who, if anyone, can be held responsible for excessively punitive criminal sentences? · How does punishment depend on prevailing views of free will, responsibility, desert, blameworthiness? · Where/how are those views subject to challenge in our punitive practices? As Sarat posits in his introduction, the way a society punishes demonstrates its commitment to standards of judgment and justice, its distinctive views of blame and responsibility, its understandings of mercy and forgiveness, and its particular ways of responding to evil. He goes on to discuss the history of punishment in the United States and what it reveals about assumptions made about persons that “undergird” the American system of punishment. The five additional contributors to The Punitive Imagination seek to illuminate what American practices of punishment tell us about who we are as a nation. Synthesizing cultural, sociological, philosophical, and legal perspectives, they offer a distinctive take on the meaning of punishment in America.
Download or read book I Hope We Choose Love written by Kai Cheng Thom and published by arsenal pulp press. This book was released on 2019-10-15 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: What can we hope for at the end of the world? What can we trust in when community has broken our hearts? What would it mean to pursue justice without violence? How can we love in the absence of faith? In a heartbreaking yet hopeful collection of personal essays and prose poems, blending the confessional, political, and literary, Kai Cheng Thom dives deep into the questions that haunt social movements today. With the author’s characteristic eloquence and honesty, I Hope We Choose Love proposes heartfelt solutions on the topics of violence, complicity, family, vengeance, and forgiveness. Taking its cues from contemporary thought leaders in the transformative justice movement such as adrienne maree brown and Leah Lakshmi Piepzna-Samarasinha, this provocative book is a call for nuance in a time of political polarization, for healing in a time of justice, and for love in an apocalypse. This publication meets the EPUB Accessibility requirements and it also meets the Web Content Accessibility Guidelines (WCAG-AA). It is screen-reader friendly and is accessible to persons with disabilities. A Simple book with few images, which is defined with accessible structural markup. This book contains various accessibility features such as alternative text for images, table of contents, page-list, landmark, reading order and semantic structure.
Download or read book The Power to Punish written by David Garland and published by . This book was released on 1992 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Punishment Response written by Graeme Newman and published by Routledge. This book was released on 2017-07-28 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punishment occupies a central place in our lives and attitudes. We suffer a profound ambivalence about its moral consequences. Persons who have been punished or are liable to be punished have long objected to the legitimacy of punishment. We are all objects of punishment, yet we are also its users. Our ambivalence is so profound that not only do we punish others, but we punish ourselves as well. We view those who submit too willingly to punishment as obedient verging on the groveling coward, and we view those who resist punishment as disobedient, rebels. In The Punishment Response Graeme Newman describes the uses of punishment and how these uses change over time.Some argue that punishment promotes discrimination and divisiveness in society. Others claim that it is through punishment that order and legitimacy are upheld. It is important that punishment is understood as neither one nor the other; it is both. This point, simple though it seems, has never really been addressed. This is why Newman claims we wax and wane in our uses of punishment; why punishing institutions are clogged by bureaucracy; why the death penalty comes and goes like the tide.Graeme Newman emphasizes that punishment is a cultural process and also a mechanism of particular institutions, of which criminal law is but one. Because academic discussions of punishment have been confined to legalistic preoccupations, much of the policy and justification of punishment have been based on discussions of extreme cases. The use of punishment in the sphere of crime is an extreme unto itself, since crime is a minor aspect of daily life. The uses of punishment, and the moral justifications for punishment within the family and school have rarely been considered, certainly not to the exhaustive extent that criminal law has been in this outstanding work.
Download or read book The Right to Punish written by Luise Müller and published by Cambridge University Press. This book was released on 2024-05-31 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: What gives international courts the authority to punish individuals for international crimes? Through the lens of political philosophy, Luise Müller provides an original perspective on the justification of the authority of international criminal courts and tribunals. She argues that institutions of international criminal justice are permitted to pierce the sovereignty of states in order to punish high-profile politicians for genocide, crimes against humanity, war crimes, and other mass human rights violations. Their right to punish is justified by virtue of their function to deter mass violations of fundamental human rights. However, to legitimately exercise that right, international criminal justice institutions must fulfil two conditions: first, they must conduct criminal trials with the highest level of fairness; second, they must treat those who are subject to their authority as equals. This last condition can be satisfied by international criminal justice institutions by including procedures of democratic decision-making and democratic accountability.
Download or read book The Legal Process and the Promise of Justice written by Rosann Greenspan and published by Cambridge University Press. This book was released on 2019-06-13 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Malcolm Feeley's classic scholarship on courts, criminal justice, legal reform, and the legal complex, examined by law and society scholars.
