Download or read book The Dual Penal State written by Markus D. Dubber and published by Oxford University Press. This book was released on 2018-09-04 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century's systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.
Download or read book The Dual Penal State written by Markus Dirk Dubber and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides an accessible introduction to the theoretical frameworks of the dual penal state. Taking an issue-led approach, the study locates criminal law in its analytic, comparative, historical, and doctrinal contexts, and aims to stimulate critical reflection beyond the constraints of a particular jurisdiction.
Download or read book Successive Criminal Prosecutions written by Adam Harris Kurland and published by Section of Criminal Justice. This book was released on 2001-01-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Oxford Handbook of Criminal Process written by Darryl K. Brown and published by Oxford University Press. This book was released on 2019-02-22 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
Download or read book The Oxford Handbook of Criminal Process written by Darryl K. Brown and published by Oxford University Press. This book was released on 2019-02-22 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
Download or read book An Introduction to the Model Penal Code written by Markus Dirk Dubber and published by Oxford University Press, USA. This book was released on 2015 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the second edition of his introductory overview of the Model Penal Code (now titled 'An Introduction to the Model Penal Code'), Markus Dubber retains the book's original aim, approach, and structure as a companion to the Code. Reflecting the Code's attempt to present an accessible, comprehensive, and systematic account of American criminal law, this book unlocks the Code's potential as a key to American criminal law for law students and teachers, and for anyone else with an interest in getting a sense of the basic contours of American criminal law.
Download or read book American Criminal Law written by Markus Dirk Dubber and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook presents up-to-date materials on the complex reality of modern American criminal law. It includes edited cases and statutes, substantial chapter introductions, and highlights on pedagogical approaches (e.g., rules v. standards). Organized with cross-references to highlight connections, clear conceptual structure, and consideration of Model Penal Code throughout. Cases on recent developments include sentencing guidelines, internet crime, white collar crime, drug offenses, possession offenses, hate crimes, victims' rights, state v. federal power, executive v. legislative criminal lawmaking, and the "war on terror." Also includes materials on common crimes such as shoplifting, traffic offenses, and collateral effects of drug convictions.
Download or read book The Oxford Handbook of Criminal Law written by Markus Dirk Dubber and published by Oxford University Press, USA. This book was released on 2014 with total page 1233 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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, The Oxford Handbook of Criminal Law takes a broad approach to its subject matter - disciplinarily, geographically, and systematically.
Download or read book The Dual Nature of Legitimacy in the Prison Environment written by Rok Hacin and published by Springer Nature. This book was released on 2019-10-11 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the dual nature of legitimacy in prison. It examines the inter-connectivity between audience perception of legitimacy (the prisoners’ perception) and the power-holders’ perception of legitimacy (the prison staff perception). It defines legitimacy in this scenario as the ability of prison workers to implement their authority in an honest, lawful, and just manner, while prisoners acknowledge their status as eligible power-holders who deserve to be obeyed and comply with their decisions. Using mixed methods of qualitative and quantitative research, data were collected in all Slovenian prisons as well as a correctional home. The volume discusses the various factors influencing prisoner's perspective of legitimacy, and recommends avenues for further research. This work will be of interest to researchers in criminology and criminal justice, particularly with an interest in prison and incarceration, or with an interest in Eastern Europe. It will also be of interest to those studying legitimacy within the criminal justice system more generally, and related fields such as sociology, law enforcement, and organizational psychology. Utilizing an in–depth and longitudinal study of legitimacy in Slovenian prisons, Hacin and Meško shed light on legitimacy’s dual nature with an exquisite research design that removes any ambiguity about its essential nature in achieving prison order and correctional environments more conducive to rehabilitation. [...] Overall, the book is an excellent contribution to penological theory, research, and practice. A monograph and case study of a post-modern and post-socialist prison system, it offers a lens for re–examining the mass incarceration models of western prisons for cross–cultural comparisons of prison legitimacy. -Rosemary L. Gido, Professor Emerita, Department of Criminology and Criminal Justice, Indiana University of Pennsylvania, USA This book studies legitimacy in prisoners and among prison staff through the lens of procedural justice theory, focusing on the context of Slovenia. The book is a must–read for scholars who are theoretically and methodologically interested in testing and applying procedural justice theory. Rarely, both prison staff and prisoners are studied in the same inquiry. This is the added value. The results have value for prison policy. This book will be of interest to scholars in criminology and criminal justice, as well as political science and public policy. - Lieven Pauwels, Professor, Department of Criminology, Criminal Law and Social Law, Ghent University, Belgium The now global epistemic community for the study of criminal justice and criminology requires that scholars everywhere be in frequent communication, and that they engage in the testing of concepts that are of potential universal application in democratic countries seeking to build just and efficacious public institutions. The time is here for comparative criminal justice research of high quality to be undertaken, and this book represents exemplary scholarship in this regard. For those scholars from around the world interested in determining the potential and limitations of the theory of procedural justice as applied in the corrections setting, this book represents a “must read” for you. It presents findings from a comprehensive, mixed–methods study of how the core concepts of the theory of procedural justice can be insightfully explored within correctional institutions. The study done in the progressive, highly regarded setting of the Slovenian prison system – carried out with inmates, prison staff (corrections officers and rehabilitation services personnel) and administrators – serves as an excellent template for replication in other countries. The interpretation of findings made by two scholars of remarkable experience and profound knowledge add greatly to the value of this book. For scholars doing worthwhile research into the challenges of building and maintaining just and capable criminal justice systems in democratic countries, this book will inform and inspire you. - Nicholas Lovrich, Research Professor Emeritus, Department of Criminal Justice and Criminology, Washington State University, Pullman, USA
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 The Oxford Handbook of Legal History written by Markus D. Dubber and published by Oxford University Press. This book was released on 2018-08-02 with total page 1152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
Download or read book Methodology of Criminal Law Theory Art Politics or Science written by Shin Matsuzawa and published by Nomos Verlag. This book was released on 2021-05-27 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: In dem Band wird erörtert, ob die Strafrechtstheorie (bzw. die allgemeine Rechtstheorie) als ein Zweig der Wissenschaft angesehen werden kann. Dabei werden folgende Fragen behandelt: In welchem Sinne ist die Strafrechtslehre eine Form der Wissenschaft? Kann es systemische Entwicklungen in der Strafrechtstheorie geben? Die Frage nach dem Wesen der strafrechtlichen Erkenntnis ist eng verknüpft mit der Frage, was Rechtswissenschaft im Allgemeinen ausmacht. Eine Diskussion im Bereich des Strafrechts kann einen Beitrag zur allgemeinen Diskussion in der Rechtstheorie leisten und deutlich machen, wo die Strafrechtstheorie steht, wenn die juristische Forschung mit den Herausforderungen der Interdisziplinarität konfrontiert wird. Mit Beiträgen von Petter Asp, Thomas Elholm, Liang Genlin, Luís Greco, Eric Hilgendorf, Jørn Jacobsen, Heike Jung, Massimiliano Lanzi, Shin Matsuzawa, Kimmo Nuotio und Michael Pawlik.
Download or read book The Handbook of Comparative Criminal Law written by Kevin Jon Heller and published by Stanford University Press. This book was released on 2010-12-01 with total page 669 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.
Download or read book The Police Power written by Markus Dirk Dubber and published by Columbia University Press. This book was released on 2005 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book is a comprehensive treatise on the constitutional and legal history behind the power of the modern state to police its citizens. Dubber explores the roots of the power to police--the most expansive and least limitable of governmental powers--by focusing on its most obvious and problematic manifestation: criminal law.
Download or read book Bringing International Fugitives to Justice written by David A. Sadoff and published by Cambridge University Press. This book was released on 2016-12-24 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: A novel and robust examination of all policy means and their lawfulness for recovering fugitives abroad via extradition or its alternatives.
Download or read book Command and Persuade written by Peter Baldwin and published by MIT Press. This book was released on 2023-05-02 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? Levels of violent crime have been in a steady decline for centuries--for millennia, even. Over the past five hundred years, homicide rates have decreased a hundred-fold. We live in a time that is more orderly and peaceful than ever before in human history. Why, then, does fear of crime dominate modern politics? Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? In Command and Persuade, Peter Baldwin examines the evolution of the state's role in crime and punishment over three thousand years. Baldwin explains that the involvement of the state in law enforcement and crime prevention is relatively recent. In ancient Greece, those struck by lightning were assumed to have been punished by Zeus. In the Hebrew Bible, God was judge, jury, and prosecutor when Cain killed Abel. As the state’s power as lawgiver grew, more laws governed behavior than ever before; the sum total of prohibited behavior has grown continuously. At the same time, as family, community, and church exerted their influences, we have become better behaved and more law-abiding. Even as the state stands as the socializer of last resort, it also defines through law the terrain on which we are schooled into acceptable behavior.
Download or read book Punishment in International Society written by Wolfgang Wagner and published by Oxford University Press. This book was released on 2024-01-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punitive practices are highly revealing of a society's social fabric, its normative order, and power structure. Punishment in International Society examines the penal philosophies and practices in international society. The contributions to this book show the added value of a punitive lens to international politics in two major ways: First, punitive practices reveal the contours of the international normative order, its structures, and hierarchies. Such a perspective highlights the prominent position of individuals in the current normative order, but it also reveals a major divergence in the international normative order between a global North that emphasizes individualized, retributive punishment for atrocity crimes and a global South that puts reparations for past colonial wrongs on the agenda. Second, in contrast to a nation-state, the authority to sanction and act in defense of the normative order is far more dispersed and contested in international society. Although there is a demand to embed punitive practices in procedures and institutions, the most legitimate site of such authority remains contested as regional organizations such as the African Union compete with the United Nations for the authority to defend the normative order. This book brings together an international roster of scholars from the social sciences, law, and humanities. The contributions demonstrate that punitive practices have been more prevalent than commonly acknowledged as they have often been masked as (self-)defence, reparations, or coercive diplomacy. By approaching international punishment from various disciplines, this volume sheds new light on different dimensions of the punitive practices across the globe.
