Overcriminalization
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Overcriminalization
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Author : Douglas Husak
language : en
Publisher: Oxford University Press
Release Date : 2008-01-08
Overcriminalization written by Douglas Husak 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 2008-01-08 with Philosophy categories.
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
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Author : Anthony B. Bradley
language : en
Publisher: Cambridge University Press
Release Date : 2018-08-16
Ending Overcriminalization And Mass Incarceration written by Anthony B. Bradley 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 2018-08-16 with Law categories.
Personalism points to reforming criminal justice from the person up by changing criminal law and enlisting civil society institutions.
Defining The Problem And Scope Of Over Criminalization And Over Federalization
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Author : United States. Congress. House. Committee on the Judiciary. Over-Criminalization Task Force of 2013
language : en
Publisher:
Release Date : 2013
Defining The Problem And Scope Of Over Criminalization And Over Federalization written by United States. Congress. House. Committee on the Judiciary. Over-Criminalization Task Force of 2013 and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Criminal jurisdiction categories.
A Companion To Philosophy Of Law And Legal Theory
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Author : Dennis Patterson
language : en
Publisher: John Wiley & Sons
Release Date : 2010-01-15
A Companion To Philosophy Of Law And Legal Theory written by Dennis Patterson and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-15 with Law categories.
The articles in this new edition of A Companion to Philosophy ofLaw and Legal Theory have been updated throughout, and theaddition of ten new articles ensures that the volume continues tooffer the most up-to-date coverage of current thinking inlegal philosophy. Represents the definitive handbook of philosophy of law andcontemporary legal theory, invaluable to anyone with an interest inlegal philosophy Now features ten entirely new articles, covering the areas ofrisk, regulatory theory, methodology, overcriminalization,intention, coercion, unjust enrichment, the rule of law, law andsociety, and Kantian legal philosophy Essays are written by an international team of leadingscholars
Over Criminalization Of Conduct
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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security
language : en
Publisher:
Release Date : 2010
Over Criminalization Of Conduct written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Criminalization
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Author :
language : en
Publisher: BRILL
Release Date : 2024-12-02
Criminalization written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-02 with Social Science categories.
Criminalization: Politics and Policies provides a thorough analysis of the relationship between politics, policies, and criminalization. Through diverse perspectives and scholarly essays, it explores the multifaceted issues in criminal justice, law, and governance. The book scrutinizes the impact of law, society, politics, and penal populism on criminalization across legal systems, advocating for a reassessment of criminal law's scope. It delves into the prevalence of resorting to criminalization for social issues, urging for a critical review. Additionally, it examines the normative foundations of criminalization, addressing 'over'-criminalization and exploring its empirical and normative aspects. The anthology also considers the roles of prosecutorial and judicial discretion, as well as State preventive powers, in over-criminalization. Whether a scholar, policymaker, or citizen, readers gain insights into the expansion of criminal laws and their consequences, making it a valuable resource for understanding the dynamics of law, politics, and power in criminal justice. Contributors are Naveed Mehmood, Chirag Balyan, Shruti Bedi, Shubhangni Jain, Charles Khamala, Sébastien Lafrance, Sidharth Luthra, David McCallum, Garima Pal, Daria Ponomareva, Alok Prasanna, Yogesh Pratap Singh, and Ekkehard Strauss.
Understanding Mass Incarceration
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Author : James Kilgore
language : en
Publisher: New Press, The
Release Date : 2015-08-11
Understanding Mass Incarceration written by James Kilgore and has been published by New Press, The this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-11 with Law categories.
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.
The Right Not To Be Criminalized
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Author : Dennis J. Baker
language : en
Publisher: Routledge
Release Date : 2016-02-24
The Right Not To Be Criminalized written by Dennis J. Baker and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-24 with Law categories.
This book presents arguments and proposals for constraining criminalization, with a focus on the legal limits of the criminal law. The book approaches the issue by showing how the moral criteria for constraining unjust criminalization can and has been incorporated into constitutional human rights and thus provides a legal right not to be unfairly criminalized. The book sets out the constitutional limits of the substantive criminal law. As far as specific constitutional rights operate to protect specific freedoms, for example, free speech, freedom of religion, privacy, etc, the right not to be criminalized has proved to be a rather powerful justice constraint in the U.S. Yet the general right not to be criminalized has not been fully embraced in either the U.S. or Europe, although it does exist. This volume lays out the legal foundations of that right and the criteria for determining when the state might override it. The book will be of interest to researchers in the areas of legal philosophy, criminal law, constitutional law, and criminology.
Foundational Texts In Modern Criminal Law
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Author : Markus D Dubber
language : en
Publisher: OUP Oxford
Release Date : 2014-08-21
Foundational Texts In Modern Criminal Law written by Markus D Dubber and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-21 with Law categories.
Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.
Leading Works In Criminal Law
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Author : Chloë Kennedy
language : en
Publisher: Taylor & Francis
Release Date : 2023-08-11
Leading Works In Criminal Law written by Chloë Kennedy and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-11 with Law categories.
This book analyses a selection of leading works in the criminal law to ask questions about how the modern discipline of criminal law has developed, how it has been deployed in colonial and postcolonial contexts, and how criminal law scholarship has engaged with traditionally marginalised perspectives such as feminism, queer theory, and anti-carceral and abolitionist movements. The works analysed range from Macaulay’s Indian Penal Code (1837) to more recent textbooks and monographs on criminal law, and their jurisdictional reach extends to India, Canada, Australia, Malawi, the UK and the USA. The contributing authors include scholars, activists and legal practitioners, each of whom explores the intellectual development and geographical reach of Anglocriminal law via the work they analyse. Across the collection, the editors and contributors address the question of what it means to be a leading work in criminal law. The book will be a valuable resource for students, academics and researchers working in the area of criminal law.