The Injustice Of Punishment
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| Author | : Bruce N. Waller |
| Publisher | : Routledge |
| Total Pages | : 365 |
| Release | : 2017-10-19 |
| Genre | : Philosophy |
| ISBN | : 1351378244 |
The Injustice of Punishment emphasizes that we can never make sense of moral responsibility while also acknowledging that punishment is sometimes unavoidable. Recognizing both the injustice and the necessity of punishment is painful but also beneficial. It motivates us to find effective means of minimizing both the use and severity of punishment, and encourages deeper inquiry into the causes of destructive behavior and how to change those causes in order to reduce the need for punishment. There is an emerging alternative to the comfortable but destructive system of moral responsibility and just deserts. That alternative is not the creation of philosophers but of sociologists, criminologists, psychologists, and workplace engineers; it was developed, tested, and employed in factories, prisons, hospitals, and other settings; and it is writ large in the practices of cultures that minimize belief in individual moral responsibility. The alternative marks a promising path to less punishment, less coercive control, deeper common commitment, and more genuine freedom.
| Author | : Benjamin Rush |
| Publisher | : |
| Total Pages | : 20 |
| Release | : 1792 |
| Genre | : Capital punishment |
| 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 | : Katherine Beckett |
| Publisher | : SAGE |
| Total Pages | : 276 |
| Release | : 2004 |
| Genre | : Law |
| ISBN | : 9780761929949 |
Examines the US crime problem and the resulting policies as a political and cultural issue.
| Author | : Glenn McNair |
| Publisher | : University of Virginia Press |
| Total Pages | : 249 |
| Release | : 2009-04-20 |
| Genre | : History |
| ISBN | : 0813929830 |
Criminal Injustice: Slaves and Free Blacks in Georgia’s Criminal Justice System is the most comprehensive study of the criminal justice system of a slave state to date. McNair traces the evolution of Georgia’s legal culture by examining its use of slave codes and slave patrols, as well as presenting data on crimes prosecuted, trial procedures and practices, conviction rates, the appellate process, and punishment. Based on more than four hundred capital cases, McNair’s study deploys both narrative and quantitative analysis to get at both the theory and the reality of the criminal procedure for slaves in the century leading up to the Civil War. He shows how whites moved from the utopian innocence of the colony’s original Trustees, who envisioned a society free of slavery and the depravity it inculcated in masters, to one where slaveholders became the enforcers of laws and informal rules, the severity of which was limited only by the increasing economic value of their slaves as property. The slaves themselves, regarded under the law both as moveable property and--for the purposes of punishment--as moral agents, had, inevitably, a radically different view of Georgia’s slave criminal justice system. Although the rules and procedures were largely the same for both races, the state charged and convicted blacks more frequently and punished them more severely than whites for the same crimes. Courts were also more punitive in their judgment and punishment of black defendants when their victims were white, a pattern of disparate treatment based on race that persists to this day. Informal systems of control in urban households and on rural plantations and farms complemented the formal system and enhanced the power of slaveowners. Criminal Injustice shows how the prerogatives of slavery and white racial domination trumped any hope for legal justice for blacks.
| Author | : Katherine Beckett |
| Publisher | : |
| Total Pages | : |
| Release | : 2003 |
| Genre | : Crime |
| ISBN | : |
| Author | : Richard A. Stack |
| Publisher | : Potomac Books, Inc. |
| Total Pages | : 366 |
| Release | : 2014-05-27 |
| Genre | : Law |
| ISBN | : 1612341632 |
On September 21, 2011, the controversial execution of Georgia inmate Troy Davis, who spent twenty years on death row for a crime he most likely did not commit, revealed the complexity of death penalty trials, the flaws in America's justice system, and the rift between those who are for and against the death penalty. Davis's execution reignited a long-standing debate about whether the death penalty is an appropriate form of justice. In Grave Injustice Richard A. Stack seeks to advance the anti-death penalty argument by examining the cases of individuals who, like Davis, have been executed but a
| 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 | : Alec Karakatsanis |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2025-01-14 |
| Genre | : Law |
| ISBN | : 9781620979143 |
A "searing, searching, and eloquent" (Martha Minow, Harvard Law School) investigation into the role of the legal profession in perpetuating mass incarceration--now in an accessible paperback format from the award-winning civil rights lawyer Alec Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings--an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color, for which the legal system has never offered sufficient justification. Usual Cruelty offers a radical reconsideration of the American "injustice system" by someone who is actively--and wildly successfully--challenging it. Hailed by luminaries from James Forman Jr. and Vanita Gupta to U.S. Circuit Judge Bernice Donald, and MacArthur Award-winning poet and attorney Reginald Dwayne Betts, Usual Cruelty offers a condemnation of the whole deplorable enterprise, starting with profound questions about the specific things our system chooses to criminalize (marijuana plants, low-level gambling, petty theft) versus those we don't (tobacco plants, high-level gambling by bankers, massive wage theft by employers). It calls out a bail system that charges people money to go free despite the lack of any evidence this will make them more likely to show up in court or make anybody safer. And it explores the everyday brutality of our courts, prisons, and jails, and the ways in which the legal profession has allowed itself to become desensitized to the everyday pain these institutions inflict on our most vulnerable populations. Now in an accessible paperback format, Usual Cruelty will cement Karakatsanis's reputation as one of the most inspiring civil rights lawyers of our time.
| Author | : Katherine Beckett |
| Publisher | : SAGE Publications |
| Total Pages | : 273 |
| Release | : 2003-10-16 |
| Genre | : Social Science |
| ISBN | : 1452262918 |
The U.S. crime rate has dropped steadily for more than a decade, yet the rate of incarceration continues to skyrocket. Today, more than 2 million Americans are locked in prisons and jails with devastating consequences for poor families and communities, overcrowded institutions and overburdened taxpayers. How did the U.S. become the world′s leader in incarceration? Why have the numbers of women, juveniles, and people of color increased especially rapidly among the imprisoned? The Politics of Injustice: Crime and Punishment in America, Second Edition is the first book to make widely accessible the new research on crime as a political and cultural issue. Katherine Beckett and Theodore Sasson provide readers with a robust analysis of the roles of crime, politics, media imagery and citizen activism in the making of criminal justice policy in the age of mass incarceration. Features of this text: Critical Approach. Debunks myths about crime in the U.S., challenges many current anticrime policies that became harsher in the 1990s, and illuminates the political implications of crime and punishment. Contemporary. Updated throughout with particular attention to Chapter 5, "Crime in the Media," including research and analyses of crime in the news, crime as entertainment, and the interplay of news media, entertainment, and crime. Comprehensive Research. Draws on a wide range of scholarship, including research on crime′s representation in political discourse and the mass media, public opinion, crime-related activism, and public policy. Consistent and Accessible. A great source to communicate new research to both non-specialists and specialists in accessible language with riveting, real-life examples. Intended as a supplement for use in any criminal justice or criminology course, especially in the punishment, corrections and policy areas, The Politics of Injustice, Second Edition will appeal to those who take a critical approach to crime issues.
