A Capacity To Punish


A Capacity To Punish
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The Capacity To Punish


The Capacity To Punish
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Author : Henry N. Pontell
language : en
Publisher: Indiana University Press
Release Date : 1985-02-22

The Capacity To Punish written by Henry N. Pontell and has been published by Indiana University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985-02-22 with Law categories.


This book examines the relationship between crime, demographic characteristics, criminal justice resources, court processing and final sanctioning outcomes at the court level in the U.S. in the context of deterrence theory. It concludes that current criminal justice practices, especially the extremely low probability of certain and severe punishment, make the deterrent effect of punishment minimal under the current system of criminal justice. Court caseloads, influenced particularly be the degree of inequality in the population, appear to be pushing down the formal penalty structures, and hence the probability of sanction. The inability of courts to produce severe and certain sanctions is also linked to the overfunding of police relative to other criminal justice agencies, especially the office of the prosecutor. Putting more cops on the beat might actually lead to further erosion of the deterrent effect of punishment, as more violators are pushed through the 'revolving door' of the courts.



The Urge To Punish


The Urge To Punish
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Author : Henry Weihofen
language : en
Publisher: Praeger
Release Date : 1956

The Urge To Punish written by Henry Weihofen and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1956 with Education categories.


Donated by Sydney Harris.



The Limits Of Blame


The Limits Of Blame
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Author : Erin I. Kelly
language : en
Publisher: Harvard University Press
Release Date : 2018-11-12

The Limits Of Blame written by Erin I. Kelly and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-12 with Philosophy categories.


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.



Punishment And Responsibility


Punishment And Responsibility
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Author : H. L. A. Hart
language : en
Publisher: OUP Oxford
Release Date : 2008-03-06

Punishment And Responsibility written by H. L. A. Hart and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-06 with Law categories.


This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.



The Practice Of Punishment


The Practice Of Punishment
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Author : Wesley Cragg
language : en
Publisher: Routledge
Release Date : 2003-09-02

The Practice Of Punishment written by Wesley Cragg and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-09-02 with Philosophy categories.


This study focuses on the practice of punishment, as it is inflicted by the state. The author's first-hand experience with penal reform, combined with philosophical reflection, has led him to develop a theory of punishment that identifies the principles of sentencing and corrections on which modern correctional systems should be built. This new theory of punishment is built on the view that the central function of the law is to reduce the need to use force in the resolution of disputes. Professor Cragg argues that the proper role of sentencing and sentence administration is to sustain public confidence in the capacity of the law to fulfil that function. Sentencing and corrections should therefore be guided by principles of restorative justice. He points out that, although punishment may be an inevitable concomitant of law enforcement in general and sentencing in particular, inflicting punishment is not a legitimate objective of criminal justice. The strength and appeal of this account is that it moves well beyond the boundaries of conventional discussions. It examines punishment within the framework of policing and adjudication, analyses the relationship between punishment and sentencing, and provides a basis for evaluating correctional practices and such developments as electronic monitoring.



Punishment And Ethics


Punishment And Ethics
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Author : J. Ryberg
language : en
Publisher: Springer
Release Date : 2010-10-20

Punishment And Ethics written by J. Ryberg and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-20 with Philosophy categories.


A collection of original contributions by philosophers working in the ethics of punishment, gathering new perspectives on various challenging topics including punishment and forgiveness, dignity, discrimination, public opinion, torture, rehabilitation, and restitution.



Free Will Skepticism In Law And Society


Free Will Skepticism In Law And Society
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Author : Elizabeth Shaw
language : en
Publisher: Cambridge University Press
Release Date : 2019-08-29

Free Will Skepticism In Law And Society written by Elizabeth Shaw and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-29 with Philosophy categories.


'Free will skepticism' refers to a family of views that all take seriously the possibility that human beings lack the control in action - i.e. the free will - required for an agent to be truly deserving of blame and praise, punishment and reward. Critics fear that adopting this view would have harmful consequences for our interpersonal relationships, society, morality, meaning, and laws. Optimistic free will skeptics, on the other hand, respond by arguing that life without free will and so-called basic desert moral responsibility would not be harmful in these ways, and might even be beneficial. This collection addresses the practical implications of free will skepticism for law and society. It contains eleven original essays that provide alternatives to retributive punishment, explore what (if any) changes are needed for the criminal justice system, and ask whether we should be optimistic or pessimistic about the real-world implications of free will skepticism.



State Punishment


State Punishment
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Author : Nicola Lacey
language : en
Publisher: Routledge
Release Date : 2012-10-12

State Punishment written by Nicola Lacey and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-12 with Philosophy categories.


Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.



The Power To Punish


The Power To Punish
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Author : David Garland
language : en
Publisher:
Release Date : 1992

The Power To Punish written by David Garland and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Social Science categories.




Crime Punishment And Responsibility


Crime Punishment And Responsibility
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Author : Rowan Cruft
language : en
Publisher: Oxford University Press
Release Date : 2011-07-14

Crime Punishment And Responsibility written by Rowan Cruft and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-14 with Law categories.


For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.