Judicial Corporal Punishment As An Alternative To Incarceration In The United States
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| Author | : Sanaz Alasti |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 159 |
| Release | : 2023-07-25 |
| Genre | : Social Science |
| ISBN | : 166693030X |
Sanaz Alasti leaves the mainstream alternatives to incarceration to examine a different, seemingly archaic approach, physical (but non-carceral) punishment—corporal punishment. This book ignites debates about the history, persistence, and use of corporal punishment in criminal justice systems. Alasti compares penological practices in in Western societies, represented by the United States, and Islamic societies, represented by Iran, to analyze which practices are more deterrent, less costly, and most humane. While Alasti does not suggest this should be the norm, she does present intriguing questions. Which is more barbaric? Is judicial corporal punishment a more humane and effective form of punishment compared to incarceration? Is corporal punishment a less cruel alternative to spending years behind bars in primitive and punitive jails and prisons? This book would be of interest to those studying criminology, criminal justice, history, law, and sociology.
| Author | : Graeme R. Newman |
| Publisher | : State University of New York Press |
| Total Pages | : 282 |
| Release | : 2020-03-01 |
| Genre | : Social Science |
| ISBN | : 1438478135 |
The practice of mass incarceration has come under increasing criticism by criminologists and corrections experts who, nevertheless, find themselves at a loss when it comes to offering credible, practical, and humane alternatives. In Civilization and Barbarism, Graeme R. Newman argues this impasse has arisen from a refusal to confront the original essence of punishment, namely, that in some sense it must be painful. He begins with an exposition of the traditional philosophical justifications for punishment and then provides a history of criminal punishment. He shows how, over time, the West abandoned short-term corporal punishment in favor of longer-term incarceration, justifying a massive bureaucratic prison complex as scientific and civilized. Newman compels the reader to confront the biases embedded in this model and the impossibility of defending prisons as a civilized form of punishment. A groundbreaking work that challenges the received wisdom of "corrections," Civilization and Barbarism asks readers to reconsider moderate corporal punishment as an alternative to prison and, for the most serious offenders, forms of incapacitation without prison. The book also features two helpful appendixes: a list of debating points, with common criticisms and their rebuttals, and a chronology of civilized punishments.
| Author | : Peter Moskos |
| Publisher | : Basic Books (AZ) |
| Total Pages | : 194 |
| Release | : 2011-05-31 |
| Genre | : Social Science |
| ISBN | : 0465021484 |
Presents philosophical and practical arguments in favor of the administration of judicial corporal punishment as a way of addressing problems in the American criminal justice system.
| Author | : Allison Frankel |
| Publisher | : |
| Total Pages | : 225 |
| Release | : 2020 |
| Genre | : Criminal justice, Administration of |
| ISBN | : |
"[The report] finds that supervision -– probation and parole -– drives high numbers of people, disproportionately those who are Black and brown, right back to jail or prison, while in large part failing to help them get needed services and resources. In states examined in the report, people are often incarcerated for violating the rules of their supervision or for low-level crimes, and receive disproportionate punishment following proceedings that fail to adequately protect their fair trial rights."--Publisher website.
| Author | : Graeme Newman |
| Publisher | : Routledge |
| Total Pages | : 314 |
| Release | : 2017-07-28 |
| Genre | : Social Science |
| ISBN | : 1351475711 |
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.
| Author | : Dirk Van Zyl Smit |
| Publisher | : |
| Total Pages | : 92 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : |
Introduces the reader to the basic principles central to understanding alternatives to imprisonment as well as descriptions of promising practices implemented throughout the world. This handbook offers information about alternatives to imprisonment at various stages of the criminal justice process.
| Author | : Angela Y. Davis |
| Publisher | : Seven Stories Press |
| Total Pages | : 128 |
| Release | : 2011-01-04 |
| Genre | : Political Science |
| ISBN | : 1609801040 |
With her characteristic brilliance, grace and radical audacity, Angela Y. Davis has put the case for the latest abolition movement in American life: the abolition of the prison. As she quite correctly notes, American life is replete with abolition movements, and when they were engaged in these struggles, their chances of success seemed almost unthinkable. For generations of Americans, the abolition of slavery was sheerest illusion. Similarly,the entrenched system of racial segregation seemed to last forever, and generations lived in the midst of the practice, with few predicting its passage from custom. The brutal, exploitative (dare one say lucrative?) convict-lease system that succeeded formal slavery reaped millions to southern jurisdictions (and untold miseries for tens of thousands of men, and women). Few predicted its passing from the American penal landscape. Davis expertly argues how social movements transformed these social, political and cultural institutions, and made such practices untenable. In Are Prisons Obsolete?, Professor Davis seeks to illustrate that the time for the prison is approaching an end. She argues forthrightly for "decarceration", and argues for the transformation of the society as a whole.
| Author | : Patrick Lenta |
| Publisher | : Routledge |
| Total Pages | : 212 |
| Release | : 2017-09-14 |
| Genre | : Philosophy |
| ISBN | : 1351626310 |
The aim of this book is to assess the moral permissibility of corporal punishment and to enquire into whether or not it ought to be legally prohibited. Against the widespread view that corporal punishment is morally legitimate and should be legally permitted provided it falls short of abuse, Patrick Lenta argues that all corporal punishment, even parental spanking, is morally impermissible and ought to be legally proscribed. The advantages claimed for corporal punishment over alternative disciplinary techniques, he contends, are slight or speculative and are far outweighed by its disadvantages. He presents, in addition, a rights-based case against corporal punishment, arguing that children possess certain fundamental rights that all corporal punishment of them violates, namely the right to security of the person and the right not to be subjected to degrading punishment. Lenta’s approach is unique in that it engages with empirical literature in the social sciences in order to fully examine the emotional and psychological effects of corporal punishment on children. Corporal Punishment: A Philosophical Assessment is a philosophically rigorous and engaging treatment of a hitherto neglected topic in applied ethics and social philosophy.
| Author | : James Q. Whitman |
| Publisher | : Oxford University Press |
| Total Pages | : 322 |
| Release | : 2005-04-14 |
| Genre | : Social Science |
| ISBN | : 0198035314 |
Criminal punishment in America is harsh and degrading--more so than anywhere else in the liberal west. Executions and long prison terms are commonplace in America. Countries like France and Germany, by contrast, are systematically mild. European offenders are rarely sent to prison, and when they are, they serve far shorter terms than their American counterparts. Why is America so comparatively harsh? In this novel work of comparative legal history, James Whitman argues that the answer lies in America's triumphant embrace of a non-hierarchical social system and distrust of state power which have contributed to a law of punishment that is more willing to degrade offenders.
| Author | : J. Junger-Tas |
| Publisher | : Kugler Publications |
| Total Pages | : 120 |
| Release | : 1994 |
| Genre | : Law |
| ISBN | : 9789062991112 |
This report surveys and summarizes the literature on the use of alternative sanctions in 12 western countries with a particular focus on its effectiveness and efficiency.
