Overcriminalization

Overcriminalization
Author: Douglas Husak
Publisher: Oxford University Press
Total Pages: 244
Release: 2008-01-08
Genre: Philosophy
ISBN: 0198043996

The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.

Ending Overcriminalization and Mass Incarceration

Ending Overcriminalization and Mass Incarceration
Author: Anthony B. Bradley
Publisher: Cambridge University Press
Total Pages: 235
Release: 2018-08-16
Genre: Law
ISBN: 1108427545

Personalism points to reforming criminal justice from the person up by changing criminal law and enlisting civil society institutions.

Go Directly to Jail

Go Directly to Jail
Author: Gene Healy
Publisher: Cato Institute
Total Pages: 200
Release: 2004
Genre: Law
ISBN: 9781930865631

The American criminal justice system is becoming ever more centralized and punitive, owing to rampant federalization and mandatory minimum sentencing guidelines. Go Directly to Jail examines these alarming trends and proposes reforms that could rein in a criminal justice apparatus at war with fairness and common sense.

The Boundaries of the Criminal Law

The Boundaries of the Criminal Law
Author: R.A. Duff
Publisher: Oxford University Press
Total Pages: 278
Release: 2010-11-11
Genre: Law
ISBN: 0199600554

This is the first book of a series on criminalization - examining the principles and goals that should guide what kinds of conduct are to be criminalized, and the forms that criminalization should take. The first volume studies the scope and boundaries of the criminal law - asking what principled limits might be placed on criminalizing behaviour.

The Political Heart of Criminal Procedure

The Political Heart of Criminal Procedure
Author: Michael Klarman
Publisher: Cambridge University Press
Total Pages:
Release: 2011-12-30
Genre: Law
ISBN: 1139505580

The past several decades have seen a renaissance in criminal procedure as a cutting-edge discipline and as one inseparably linked to substantive criminal law. This renaissance can be traced in no small part to the work of a single scholar: William Stuntz. This volume brings together twelve leading American criminal justice scholars whose own writings have been profoundly influenced by Stuntz and his work. Their contributions consist of essays on subjects ranging from the political economy of substantive criminal law to the law of police investigations to the role of religion in legal scholarship - all themes addressed by Stuntz in his own work. Some contributions directly analyze or respond to Stuntz's work, while others address topics or themes Stuntz wrote about from the contributor's own distinctive perspective.

Three Felonies a Day

Three Felonies a Day
Author: Harvey Silverglate
Publisher: Encounter Books
Total Pages: 390
Release: 2011-06-07
Genre: Law
ISBN: 1594035229

"The average professional in this country wakes up in the morning, goes to work, comes home, eats dinner and then goes to sleep, unaware that he or she has likely committted several federal crimes that day ... Why?" This book explores the answer to the question, reveals how the federal criminal justice system has become dangerously disconnected from common law traditions of due process and the law's expectations and surprises the reader with its insight.

Sex, Drugs, Death, and the Law

Sex, Drugs, Death, and the Law
Author: David Richards
Publisher: Rowman & Littlefield
Total Pages: 334
Release: 1986
Genre: Law
ISBN: 9780847675258

Among the most commonly argued legal questions are those involving "victimless" crimes--consensual adult sexual relations (including homosexuality and prostitution), the use of drugs, and the right to die. How can they be distinguished from proper crimes, and how can we, as citizens, judge the complex moral and legal issues that such questions entail? David Richards, a teacher of law in the areas of constitutional and criminal law, and a moral and legal philosopher concerned with the investigation of legal concepts, applies an interdisciplinary approach to the question of overcriminalization, he draws on legal and philosophical arguments and links the subject to history, psychology, social science, and literature. To demonstrate how gross and unjust overcriminalization has developed, Professor Richards explores basic assumptions that often underlie the common American sense of proper criminalization.

Understanding Mass Incarceration

Understanding Mass Incarceration
Author: James Kilgore
Publisher: New Press, The
Total Pages: 273
Release: 2015-08-11
Genre: Law
ISBN: 1620971224

A brilliant overview of America’s defining human rights crisis and a “much-needed introduction to the racial, political, and economic dimensions of mass incarceration” (Michelle Alexander) Understanding Mass Incarceration offers the first comprehensive overview of the incarceration apparatus put in place by the world’s largest jailer: the United States. Drawing on a growing body of academic and professional work, Understanding Mass Incarceration describes in plain English the many competing theories of criminal justice—from rehabilitation to retribution, from restorative justice to justice reinvestment. In a lively and accessible style, author James Kilgore illuminates the difference between prisons and jails, probation and parole, laying out key concepts and policies such as the War on Drugs, broken windows policing, three-strikes sentencing, the school-to-prison pipeline, recidivism, and prison privatization. Informed by the crucial lenses of race and gender, he addresses issues typically omitted from the discussion: the rapidly increasing incarceration of women, Latinos, and transgender people; the growing imprisonment of immigrants; and the devastating impact of mass incarceration on communities. Both field guide and primer, Understanding Mass Incarceration is an essential resource for those engaged in criminal justice activism as well as those new to the subject.

Criminalizing Sex

Criminalizing Sex
Author: Stuart P. Green
Publisher:
Total Pages: 409
Release: 2020
Genre: Law
ISBN: 0197507484

In the late 20th century, the law of sexual offenses began to reflect a striking divergence. On the one hand, it became significantly more punitive in its approach to nonconsensual sexual conduct, as in the case of rape and sexual assault. On the other hand, it became more permissive in how it dealt with putatively consensual sex, such as sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence. In doing so, it assumes that the proper role of criminal law in a liberal state is to protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private, consensual) sexual conduct in which they do wish to participate. Although consistent in the abstract, these dual aims frequently come into conflict in practice, as is explored in the context of a wide range of offenses.

Punishment Without Crime

Punishment Without Crime
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