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 Rights Forfeiture and Punishment written by Christopher Heath Wellman and published by Oxford University Press. This book was released on 2017 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Rights Forfeiture and Punishment, Christopher Heath Wellman argues that those who seek to defend the moral permissibility of punishment should shift their focus from general justifying aims to moral side constraints. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment.
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 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 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 Being Imprisoned written by M. Schinkel and published by Springer. This book was released on 2014-10-16 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the way in which criminal punishment is interpreted and narrated by offenders, this book examines the meaning offenders ascribe to their sentence and the consequences of this for future desistance.
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 The Problem of Punishment written by David Boonin and published by Cambridge University Press. This book was released on 2008-04-14 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not? Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it.
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 Sentencing Bench Book written by Judicial Commission of New South Wales and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.
Download or read book Punishment and the History of Political Philosophy written by Arthur Shuster and published by University of Toronto Press. This book was released on 2016-01-01 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Punishment and the History of Political Philosophy, Arthur Shuster offers an insightful study of punishment in the works of Plato, Hobbes, Montesquieu, Beccaria, Kant, and Foucault.
Download or read book Changing Attitudes Towards the Death Penalty written by Zoltan J. Toth and published by Springer Nature. This book was released on 2020-06-11 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the pros and cons of the death penalty and the history of capital punishment. In this context, it puts a special emphasis on the situation in Hungary, where, amongst its neighbors, in recent years the demand for the reestablishment of the death penalty has received the strongest political support from many pro-government politicians. Toth presents tendencies toward abolition of the death penalty and analyzes the arguments by which the death penalty can, in principle, be criticized or even defended. The book presents the main issues of the death penalty, arguments of both abolitionists and retentionists, and reviews the modern history of this sanction. It does not seek to convince the reader of the correctness or wrongness of the death penalty, but it presents both sides of the argument and their standpoints, and leaves the reader to decide. It encourages informed debate and discussion.
Download or read book The Growth of Incarceration in the United States written by Committee on Causes and Consequences of High Rates of Incarceration and published by National Academies Press. This book was released on 2014-12-31 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: After decades of stability from the 1920s to the early 1970s, the rate of imprisonment in the United States has increased fivefold during the last four decades. The U.S. penal population of 2.2 million adults is by far the largest in the world. Just under one-quarter of the world's prisoners are held in American prisons. The U.S. rate of incarceration, with nearly 1 out of every 100 adults in prison or jail, is 5 to 10 times higher than the rates in Western Europe and other democracies. The U.S. prison population is largely drawn from the most disadvantaged part of the nation's population: mostly men under age 40, disproportionately minority, and poorly educated. Prisoners often carry additional deficits of drug and alcohol addictions, mental and physical illnesses, and lack of work preparation or experience. The growth of incarceration in the United States during four decades has prompted numerous critiques and a growing body of scientific knowledge about what prompted the rise and what its consequences have been for the people imprisoned, their families and communities, and for U.S. society. The Growth of Incarceration in the United States examines research and analysis of the dramatic rise of incarceration rates and its affects. This study makes the case that the United States has gone far past the point where the numbers of people in prison can be justified by social benefits and has reached a level where these high rates of incarceration themselves constitute a source of injustice and social harm. The Growth of Incarceration in the United States examines policy changes that created an increasingly punitive political climate and offers specific policy advice in sentencing policy, prison policy, and social policy. The report also identifies important research questions that must be answered to provide a firmer basis for policy. This report is a call for change in the way society views criminals, punishment, and prison. This landmark study assesses the evidence and its implications for public policy to inform an extensive and thoughtful public debate about and reconsideration of policies.
Download or read book Notre proc dure p nale written by Law Reform Commission of Canada and published by Commission de réforme du droit du Canada. This book was released on 1988 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Punishment written by Terance D. Miethe and published by Cambridge University Press. This book was released on 2005 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 book examines punishment in different forms, including corporal and economic punishment.
Download or read book Just Sentencing written by Richard S. Frase and published by Oxford University Press, USA. This book was released on 2013 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title presents a fully developed punishment theory which incorporates both utilitarian and retributive sentencing purposes. The author describes and defends a hybrid sentencing model that integrates theory and practice - blending and balancing both the competing principles of retribution and rehabilitation and the procedural concern of weighing rules against discretion.
