Making The Punishment Fit The Crime
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Author | : Michael Davis |
Publisher | : Westview Press |
Total Pages | : 288 |
Release | : 1992-09-06 |
Genre | : Law |
ISBN | : |
While everyone may agree that the punishment should fit the crime, it is much harder to reach agreement on just what is called for in specific cases. Philosophical treatments of punishment, which tend to emphasize the nature or justification of punishment in general, are often of no help in dealing with practical questions of the appropriateness of specific punishments. In this collection of often controversial essays, Michael Davis examines many of the practical problems of punishment. Among the issues discussed are how recidivism should be punished, how unsuccessful attempts at crimes should be punished, and how courts should deal with crimes of strict liability. Davis, a long-time contributor to the literature on punishment, also discusses problems of sentencing, and he responds to his earlier critics, including Hyman Gross, Andrew von Hirsch, and R. A. Duff. To Make the Punishment Fit the Crime is written in the rigorous, accessible, and iconoclastic style Davis's readers have come to expect. It is an essential book for philosophers, lawyers, criminologists, and others concerned about the future of criminal justice.
Author | : Michael H. Tonry |
Publisher | : |
Total Pages | : 265 |
Release | : 2019 |
Genre | : Law |
ISBN | : 0190070595 |
This volume examines scholarly and lay thinking about punishment of people convicted of crimes with particular emphasis on "making the punishment fit the crime." The contributors challenge the most prevalent current theories and emphasize the need for a shift away from the politicized emotionalism of recent decades. They argue that theories that coincided with mass incarceration and rampant injustice to countless individuals are evolving in ways that better countenance moving toward more humane and thoughtful approaches.
Author | : Franklin E. Zimring |
Publisher | : |
Total Pages | : 28 |
Release | : 1977 |
Genre | : Sentences (Criminal procedure) |
ISBN | : |
Author | : Alexandra Natapoff |
Publisher | : Basic Books |
Total Pages | : 320 |
Release | : 2018-12-31 |
Genre | : Law |
ISBN | : 0465093809 |
A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018
Author | : John Alan Hamilton |
Publisher | : |
Total Pages | : 24 |
Release | : 1921 |
Genre | : |
ISBN | : |
Author | : Cesare Beccaria |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 274 |
Release | : 2006 |
Genre | : Criminal justice, Administration of |
ISBN | : 1584776382 |
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.
Author | : Erin I. Kelly |
Publisher | : Harvard University Press |
Total Pages | : 241 |
Release | : 2018-11-12 |
Genre | : Philosophy |
ISBN | : 0674980778 |
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.
Author | : Andreas von Hirsch |
Publisher | : Bloomsbury Publishing |
Total Pages | : 217 |
Release | : 2017-02-09 |
Genre | : Law |
ISBN | : 1509902678 |
This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.
Author | : Dr. Emerson Eggerichs |
Publisher | : Thomas Nelson |
Total Pages | : 296 |
Release | : 2013-11-12 |
Genre | : Religion |
ISBN | : 0849965225 |
The secret to parenting success is out! Children need love, parents need respect. It's as simple and complex as that. Bestselling author Dr. Emerson Eggerichs has studied family dynamics for more than 30 years, earning a Ph.D. in Child and Family Ecology. As a senior pastor for nearly two decades, he builds on a foundation of strong biblical principles, walking the reader through an entirely new way to approach the family dynamic. When frustrated with an unresponsive child, a parent doesn’t declare, “You don’t love me.” Instead, the parent asserts, “You are being disrespectful right now.” A parent needs to feel respected, especially during conflicts. When upset a child does not whine, “You don’t respect me.” Instead, a child pouts, “You don’t love me.” A child needs to feel loved, especially during disputes. But here’s the rub: An unloved child or teen negatively reacts in a way that feels disrespectful to a parent. A disrespected parent negatively reacts in a way that feels unloving to the child. This dynamic gives birth to the FAMILY CRAZY CYCLE. This book teaches you to: See love and respect as basic family needs Stop the Family Crazy Cycle of conflict Parent in six biblical ways that energize your children Discipline defiance and overlook childishness Be the mature one since parenting is for adults only Become a loving parent in God's eyes, regardless of a child's response Based on what the Bible says about parenting, this book focuses on achieving healthy family dynamics. Dr. Eggerichs offers unprecedented transparency from his wife and three adult children, who share wisdom gained from the good, the bad, and the ugly of their family life. It's all here in this eye-opening exploration of the biblical principles on parenting that can help make families function as God intended.
Author | : Michael H. Tonry |
Publisher | : |
Total Pages | : 257 |
Release | : 2020 |
Genre | : Law |
ISBN | : 0195320506 |
Philosophy and Policy : Doing Justice -- Human Dignity -- Proportionality -- Social Disadvantage -- Multiple Offenses -- Preventing Crime -- Deterrence -- Prediction and Incapacitation : Moving Forward -- Doing Justice Better.