Punishing A Person For Anothers Crime
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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 | : 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 | : Christopher Heath Wellman |
Publisher | : Oxford University Press |
Total Pages | : 241 |
Release | : 2017 |
Genre | : Law |
ISBN | : 019027476X |
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.
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 | : Victor Tadros |
Publisher | : Oxford University Press |
Total Pages | : 369 |
Release | : 2016-12-06 |
Genre | : Law |
ISBN | : 019106730X |
The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The sixth volume in the series offers a philosophical investigation of the relationship between moral wrongdoing and criminalization. Considering they justification of punishment, the nature of harm, the importance of autonomy, inchoate wrongdoing, the role of consent, and the role of the state, the book provides an account of the nature of moral wrong doing, the sources of wrong doing, why wrong doing is the central target of the criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible.
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 | : Alison Burke |
Publisher | : |
Total Pages | : |
Release | : 2019 |
Genre | : |
ISBN | : 9781636350684 |
Author | : Jim Glennon |
Publisher | : Calibre Press |
Total Pages | : 200 |
Release | : 2013-01-01 |
Genre | : Political Science |
ISBN | : 0615871259 |
Arresting Communication: The Academy Edition was written by Lt. Jim Glennon a 30 year law enforcement veteran who also taught at a Police Academy for 12 years. The book can be used by academies as a blueprint for training as well as by recruit officers looking for the tools necessary to communicate effectively during any type of interaction. It includes subjects such as: body language, proxemics, detecting deception, how to get confessions, developing rapport, avoiding citizen complaints, and understanding the fundamental needs of the Human Animal. In addition, the book advises those entering the profession on how to make it through the Academy as well as the subsequent Probation Period that follows graduation and employment.
Author | : United States Sentencing Commission |
Publisher | : |
Total Pages | : 24 |
Release | : 1996-11 |
Genre | : Sentences (Criminal procedure) |
ISBN | : |
Author | : Michel Foucault |
Publisher | : Vintage |
Total Pages | : 354 |
Release | : 2012-04-18 |
Genre | : Social Science |
ISBN | : 0307819299 |
A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.