Overcriminalization PDF Download
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Author | : Douglas Husak |
Publisher | : Oxford University Press |
Total Pages | : 244 |
Release | : 2008-01-08 |
Genre | : Philosophy |
ISBN | : 0198043996 |
Download Overcriminalization Book in PDF, ePub and Kindle
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.
Author | : Anthony B. Bradley |
Publisher | : Cambridge University Press |
Total Pages | : 235 |
Release | : 2018-08-16 |
Genre | : Law |
ISBN | : 1108427545 |
Download Ending Overcriminalization and Mass Incarceration Book in PDF, ePub and Kindle
Personalism points to reforming criminal justice from the person up by changing criminal law and enlisting civil society institutions.
Author | : Douglas Husak |
Publisher | : Oxford University Press |
Total Pages | : 245 |
Release | : 2008-01-08 |
Genre | : Law |
ISBN | : 019532871X |
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America suffers from too much criminal law and too much punishment, which produces massive injustice. To rectify this injustice, we need to defend and implement a theory of criminalisation: a set of constraints that limit the authority of states to enact and enforce penal offenses.
Author | : R.A. Duff |
Publisher | : Oxford University Press |
Total Pages | : 278 |
Release | : 2010-11-11 |
Genre | : Law |
ISBN | : 0199600554 |
Download The Boundaries of the Criminal Law Book in PDF, ePub and Kindle
This is the first book of a series on criminalization - examining the principles and goals that should guide what kinds of conduct are to be criminalized, and the forms that criminalization should take. The first volume studies the scope and boundaries of the criminal law - asking what principled limits might be placed on criminalizing behaviour.
Author | : Anthony B. Bradley |
Publisher | : Cambridge University Press |
Total Pages | : 235 |
Release | : 2018-08-16 |
Genre | : Law |
ISBN | : 1108632408 |
Download Ending Overcriminalization and Mass Incarceration Book in PDF, ePub and Kindle
Mass incarceration is an overwhelming problem and reforms are often difficult, leading to confusion about what to do and where to start. Ending Overcriminalization and Mass Incarceration: Hope from Civil Society introduces the key issues that need immediate attention and provides concrete direction about effective solutions systemically and relationally. In this work Anthony B. Bradley recognizes that offenders are persons with inherent dignity. Mass incarceration results from the systemic breakdown of criminal law procedure and broken communities. Using the principle of personalism, attention is drawn to those areas that directly contact the lives of offenders and determine their fate. Bradley explains how reform must be built from the person up, and once these areas are reformed our law enforcement culture will change for the better. Taking an innovative approach, Anthony B. Bradley explores what civic institutions need to do to prevent people from falling into the criminal justice system and recidivism for those released from prison.
Author | : Michael Klarman |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2011-12-30 |
Genre | : Law |
ISBN | : 1139505580 |
Download The Political Heart of Criminal Procedure Book in PDF, ePub and Kindle
The past several decades have seen a renaissance in criminal procedure as a cutting-edge discipline and as one inseparably linked to substantive criminal law. This renaissance can be traced in no small part to the work of a single scholar: William Stuntz. This volume brings together twelve leading American criminal justice scholars whose own writings have been profoundly influenced by Stuntz and his work. Their contributions consist of essays on subjects ranging from the political economy of substantive criminal law to the law of police investigations to the role of religion in legal scholarship - all themes addressed by Stuntz in his own work. Some contributions directly analyze or respond to Stuntz's work, while others address topics or themes Stuntz wrote about from the contributor's own distinctive perspective.
Author | : R A Duff |
Publisher | : Oxford University Press |
Total Pages | : |
Release | : 2018-06-28 |
Genre | : Law |
ISBN | : 0191058580 |
Download The Realm of Criminal Law Book in PDF, ePub and Kindle
We are said to face a crisis of over-criminalization: our criminal law has become chaotic, unprincipled, and over-expansive. This book proposes a normative theory of criminal law, and of criminalization, that shows how criminal law could be ordered, principled, and restrained. The theory is based on an account of criminal law as a distinctive legal practice that functions to declare and define a set of public wrongs, and to call to formal public account those who commit such wrongs; an account of the role that such practice can play in a democratic republic of free and equal citizens; and an account of the central features of such a political community, and of the way in which it constitutes its public realm-its civil order. Criminal law plays an important, but limited, role in such a political community in protecting, but also partly constituting, its civil order. On the basis of this account, we can see how such a political community will decide what kinds of conduct should be criminalized - not by applying one or more of the substantive master principles that theorists have offered, but by considering which kinds of conduct fall within its public realm (as distinct from the private realms that are not the polity's business), and which kinds of wrong within that realm require this distinctive kind of response (rather than one of the other kinds of available response). The outcome of such a deliberative process will probably be a more limited, and a more rational and principled, criminal law.
Author | : David Richards |
Publisher | : Rowman & Littlefield |
Total Pages | : 334 |
Release | : 1986 |
Genre | : Law |
ISBN | : 9780847675258 |
Download Sex, Drugs, Death, and the Law Book in PDF, ePub and Kindle
Among the most commonly argued legal questions are those involving "victimless" crimes--consensual adult sexual relations (including homosexuality and prostitution), the use of drugs, and the right to die. How can they be distinguished from proper crimes, and how can we, as citizens, judge the complex moral and legal issues that such questions entail? David Richards, a teacher of law in the areas of constitutional and criminal law, and a moral and legal philosopher concerned with the investigation of legal concepts, applies an interdisciplinary approach to the question of overcriminalization, he draws on legal and philosophical arguments and links the subject to history, psychology, social science, and literature. To demonstrate how gross and unjust overcriminalization has developed, Professor Richards explores basic assumptions that often underlie the common American sense of proper criminalization.
Author | : Gene Healy |
Publisher | : Cato Institute |
Total Pages | : 200 |
Release | : 2004 |
Genre | : Law |
ISBN | : 9781930865631 |
Download Go Directly to Jail Book in PDF, ePub and Kindle
The American criminal justice system is becoming ever more centralized and punitive, owing to rampant federalization and mandatory minimum sentencing guidelines. Go Directly to Jail examines these alarming trends and proposes reforms that could rein in a criminal justice apparatus at war with fairness and common sense.
Author | : James Kilgore |
Publisher | : New Press, The |
Total Pages | : 273 |
Release | : 2015-08-11 |
Genre | : Law |
ISBN | : 1620971224 |
Download Understanding Mass Incarceration Book in PDF, ePub and Kindle
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.