Download or read book Punishment Danger and Stigma written by Nigel Walker and published by Rowman & Littlefield. This book was released on 1980 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.
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 Punishment Danger and Stigma written by Walker and published by Wiley-Blackwell. This book was released on 1982-05-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Abuses of Punishment written by R. Adams and published by Springer. This book was released on 1998-02-18 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that abusive punishments are particularly deeply rooted in authoritarian states and in some Western countries such as Britain and the USA, from which they have been exported over past centuries. The book surveys a variety of psychological, physically constraining, custodial, corporal and capital punishments. The implicit punitive content of judicial processes such as trial, as well as treatments such as behavioural therapy, may have as much psychological impact as more explicitly physical punishments.
Download or read book The Right to Be Punished written by Gabriel Hallevy and published by Springer Science & Business Media. This book was released on 2012-10-12 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.
Download or read book The Ethics of Proportionate Punishment written by Jesper Ryberg and published by Springer Science & Business Media. This book was released on 2007-11-10 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The philosophical discussion of state punishment is well on in years. In contrast with a large number of ethical problems which are concerned with right and wrong in relation to a narrowly specified area of human life and practice and which hav- at least since the early 70’s - been regarded as a legitimate part of philosophical thinking constituting the area of applied ethics, reflections on punishment can be traced much further back in the history of western philosophy. This is not surprising. That the stately mandated infliction of death, suffering, or deprivation on citizens should be met with hesitation - from which ethical reflections may depar- seems obvious. Such a practice certainly calls for some persuasive justification. It is therefore natural that reflective minds have for a long time devoted attention to punishment and that the question of how a penal system can be justified has constituted the central question in philosophical discussion. Though it would certainly be an exaggeration to claim that the justification question is the only aspect of punishment with which philosophers have been concerned, there has in most periods been a clear tendency to regard this as the cardinal issue. Comparatively much less attention has been devoted to the more precise questions of how, and how much, criminals should be punished for their respective wrong-doings. This may, of course, be due to several reasons.
Download or read book Punishment Places and Perpetrators written by Gerben Bruinsma and published by Routledge. This book was released on 2012-12-06 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together an influential group of academics and researchers to review key areas of research, theory and methodology within criminology and criminal justice, and to identify the most important new challenges facing the discipline. The contributors focus on the three central themes of punishment and criminal justice, location and mobility, and perpetrators and criminal careers, on which much cutting edge research within criminology has been taking place. A particular strength of the book is its multidisciplinary and international approach, with contributors drawn from Europe, the UK and the United States.
Download or read book Why Punish Perpetrators of Mass Atrocities written by Florian Jeßberger and published by Cambridge University Press. This book was released on 2020-02-20 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the purpose of international punishment and how different theories of punishment influence the practice of the International Criminal Court.
Download or read book Punishment Sentencing written by Mirko Bageric and published by Routledge. This book was released on 2001-07-01 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.
Download or read book The Rationale of Punishment written by Jeremy Bentham and published by Wentworth Press. This book was released on 1830 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Crime Shame and Reintegration written by John Braithwaite and published by Cambridge University Press. This book was released on 1989-03-23 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.
Download or read book Punishing Hate written by Frederick M. Lawrence and published by Harvard University Press. This book was released on 2009-07-01 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bias crimes are a scourge on our society. Is there a more terrifying image in the mind's eye than that of the burning cross? Punishing Hate examines the nature of bias-motivated violence and provides a foundation for understanding bias crimes and their treatment under the U.S. legal system. In this tightly argued book, Frederick Lawrence poses the question: Should bias crimes be punished more harshly than similar crimes that are not motivated by bias? He answers strongly in the affirmative, as do a great many scholars and citizens, but he is the first to provide a solid theoretical grounding for this intuitive agreement, and a detailed model for a bias crimes statute based on the theory. The book also acts as a strong corrective to recent claims that concern about hate crimes is overblown. A former prosecutor, Lawrence argues that the enhanced punishment of bias crimes, with a substantial federal law enforcement role, is not only permitted by doctrines of criminal and constitutional law but also mandated by our societal commitment to equality. Drawing upon a wide variety of sources, from law and criminology, to sociology and social psychology, to today's news, Punishing Hate will have a lasting impact on the contentious debate over treatment of bias crimes in America.
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 Punishment And Culture written by María José Falcón y Tella and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically explores the basis and the goal of punishment from the standpoint of the right to punish. The work reviews the main doctrines that have dealt with the theme of punishment from Antiquity to the present, not limiting itself to the legal-philosophical sphere but also analyzing the contributions from other social sciences. It then explores how these are reflected in the sphere of Positive Law.
Download or read book Free Will Skepticism in Law and Society written by Elizabeth Shaw and published by Cambridge University Press. This book was released on 2019-08-29 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Free will skepticism' refers to a family of views that all take seriously the possibility that human beings lack the control in action - i.e. the free will - required for an agent to be truly deserving of blame and praise, punishment and reward. Critics fear that adopting this view would have harmful consequences for our interpersonal relationships, society, morality, meaning, and laws. Optimistic free will skeptics, on the other hand, respond by arguing that life without free will and so-called basic desert moral responsibility would not be harmful in these ways, and might even be beneficial. This collection addresses the practical implications of free will skepticism for law and society. It contains eleven original essays that provide alternatives to retributive punishment, explore what (if any) changes are needed for the criminal justice system, and ask whether we should be optimistic or pessimistic about the real-world implications of free will skepticism.
Download or read book Punishment Communication and Community written by R. A. Duff and published by Oxford University Press. This book was released on 2003-05-15 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices.
Download or read book Trials and Punishments written by Antony Duff and published by CUP Archive. This book was released on 1986 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses whether a system of criminal punishment can be justified within our legal system.
