The Limits Of The Criminal Sanction
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The Limits Of The Criminal Sanction
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Author : Herbert Packer
language : en
Publisher: Stanford University Press
Release Date : 1968-06-01
The Limits Of The Criminal Sanction written by Herbert Packer and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968-06-01 with Social Science categories.
The argument of this book begins with the proposition that there are certain things we must understand about the criminal sanction before we can begin to talk sensibly about its limits. First, we need to ask some questions about the rationale of the criminal sanction. What are we trying to do by defining conduct as criminal and punishing people who commit crimes? To what extent are we justified in thinking that we can or ought to do what we are trying to do? Is it possible to construct an acceptable rationale for the criminal sanction enabling us to deal with the argument that it is itself an unethical use of social power? And if it is possible, what implications does that rationale have for the kind of conceptual creature that the criminal law is? Questions of this order make up Part I of the book, which is essentially an extended essay on the nature and justification of the criminal sanction. We also need to understand, so the argument continues, the characteristic processes through which the criminal sanction operates. What do the rules of the game tell us about what the state may and may not do to apprehend, charge, convict, and dispose of persons suspected of committing crimes? Here, too, there is great controversy between two groups who have quite different views, or models, of what the criminal process is all about. There are people who see the criminal process as essentially devoted to values of efficiency in the suppression of crime. There are others who see those values as subordinate to the protection of the individual in his confrontation with the state. A severe struggle over these conflicting values has been going on in the courts of this country for the last decade or more. How that struggle is to be resolved is a second major consideration that we need to take into account before tackling the question of the limits of the criminal sanction. These problems of process are examined in Part II. Part III deals directly with the central problem of defining criteria for limiting the reach of the criminal sanction. Given the constraints of rationale and process examined in Parts I and II, it argues that we have over-relied on the criminal sanction and that we had better start thinking in a systematic way about how to adjust our commitments to our capacities, both moral and operational.
The Limits Of The Criminal Sanction
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Author : Herbert L. Packer
language : en
Publisher:
Release Date : 1973
The Limits Of The Criminal Sanction written by Herbert L. Packer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with categories.
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 Law 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.
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.
The Limits Of Criminal Law
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Author : Matthew Dyson
language : en
Publisher:
Release Date : 2018
The Limits Of Criminal Law written by Matthew Dyson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Comparative law categories.
From a framework of core principles, 'The Limits of Criminal Law' explores the normative and performative limits of criminal law at the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, terrorism and intelligence law. It carefully juxtaposes and compares English and German law on each of these borders, drawing out underlying concepts and building a detailed picture of what shapes criminal law, where its limits come from, and what might motivate legal systems to strain, ignore or strengthen those limits.
Modern Control Theory And The Limits Of Criminal Justice
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Author : Michael Gottfredson
language : en
Publisher: Oxford University Press, USA
Release Date : 2019
Modern Control Theory And The Limits Of Criminal Justice written by Michael Gottfredson and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
"Modern control theory and the limits of the criminal sanction updates and extends the authors' classic general theory of crime (sometimes referred to as "self-control theory"). In Part I, contemporary evidence about the theory is summarized. Research from criminology, psychology, economics, education and public health substantially supports the life-long influence of self control as a significant cause of problem behaviors, including delinquency and crime, substance abuse, school problems, many forms of accidents, employment instability and many poor health outcomes. Contemporary is supportive of the theory's focus on early socialization for creation of higher levels of self control and other dimensions of the theory, including the roles of self control, age and the generality or versatility of problem behaviors, as well as the connections between self control and later teen and adult problem behaviors. The authors provide methodological assessments of research on the theory, contrasting the control-theory perspective with other developmental perspectives in criminology. The role of opportunity, the relationship between self and social control theory, and the role of motivation, are addressed. In Part II, control theory is taken to be a valid theory and is used to explore the role of criminal sanctions, especially policing and prisons, and policies about immigration, as methods to impact crime. Modern control theory provides an explanation for the general lack of effectiveness of formal, state sanctions on crime and instead provides substantial justification for prevention of delinquency and crime by a focus on childhood"--
Punishment And Crime
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Author : Gary Kleck
language : en
Publisher: Routledge
Release Date : 2017-10-04
Punishment And Crime written by Gary Kleck and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-04 with Social Science categories.
This book summarizes and synthesizes a vast body of research on the effects of legal punishment and criminal behavior. Covering studies conducted between 1967 and 2015, Punishment and Crime evaluates the assertion that legal punishment reduces crime by investigating the impacts, both positive and negative, of legal punishment on criminal behavior, with emphasis on the effects of punitive crime control policies via the mechanisms of deterrence and incapacitation. Brion Sever and Gary Kleck, author of the renowned Point Blank: Guns and Violence in America, present a literature review on legal punishment in the United States that is unparalleled in depth and scope. This text is a must-read for students, researchers, and policymakers concerned with the fields of corrections and crime prevention.
Indirect Criminalisation
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Author : Stavros Demetriou
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-02-23
Indirect Criminalisation written by Stavros Demetriou and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-23 with Law categories.
This book presents the first detailed study of 'indirect criminalisation' (the legal treatment of antisocial behaviour through civil preventative measures such as the ASBO) in England and Wales. Since the late 20th century many Western jurisdictions introduced a range of civil preventive measures in order to prevent and deal with various types of criminality. Although the stated objective of these interventions is the prevention of crime, their implementation can result in the imposition of restrictions akin to criminal punishment leading to the indirect criminalisation of certain kinds of behaviour. Through the adoption of an interdisciplinary approach which combines criminal law theory and empirical criminology, this book engages with the phenomenon of indirect criminalisation using the legal framework on anti-social behaviour in England and Wales as a case study. It engages with central questions within legal theory: - what are the normative challenges posed by indirect criminalisation and mechanisms for distinguishing criminal from non-criminal rules? - how can such questions be tested and applied empirically? - has the ASBO's successor been operating as de facto criminal measure?
The Moral Limits Of The Criminal Law Harmless Wrongdoing
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Author : Joel Feinberg
language : en
Publisher:
Release Date : 1984
The Moral Limits Of The Criminal Law Harmless Wrongdoing written by Joel Feinberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Crimes without victims categories.
N this volume, Feinberg focuses on the meanings of "interest," the relationship between interests and wants, and the distinction between want-regarding and ideal-regarding analyses on interest and hard cases for the applications of the concept of harm. Examples of the "hard cases" are harm to character, vicarious harm, and prenatal and posthumous harm. Feinberg also discusses the relationship between harm and rights, the concept of a victim, and the distinctions of various quantitative dimensions of harm, consent, and offense, including the magnitude, probability, risk, and "importance" of harm.
Sentencing And Human Rights
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Author : Sarah J Summers
language : en
Publisher: Oxford University Press
Release Date : 2022-10-06
Sentencing And Human Rights written by Sarah J Summers 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 2022-10-06 with Law categories.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. There has been little sustained consideration of the ways in which human rights act to safeguard the individual from substantive unfairness or injustice in the imposition of punishment. Human rights might be expected to play a pivotal role at the sentencing stage, regulating the process and substance of sentencing, mapping out the state's role, and affording it legitimacy in the imposition of punishment. The traditional view that sentencing theory is best understood as a branch of moral philosophy has obscured the importance of consideration of the special nature of state punishment as mediated by and through law and the significance of human rights principles, notably legality, proportionality, equality, and judicial responsibility for the determination of the sentence. Sarah J Summers focusses on sentencing practices which are widespread across Europe and indeed further afield and their compatibility with constitutional or human rights principles. Sentencing and Human Rights develops a systematic account of the importance of human rights principles at sentencing stage. Consideration of these principles provides the basis for an examination of the way in which they might be expected to limit important sentencing practices, such as the imposition of aggravated sentences for previous convictions, the treatment of confessions and mandatory minimum sentences. It is not just that punishment follows a multitude of aims but rather that the balance of these aims may, and in the context of lengthy prison sentences almost certainly will, change during the sentence. This examination of the human rights limits on the sentence suggests that it might be necessary to reconsider the way in which state punishment is conceptualised in sentencing theory.