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| Author | : Deirdre Golash |
| Publisher | : NYU Press |
| Total Pages | : 229 |
| Release | : 2006-10 |
| Genre | : Law |
| ISBN | : 0814731848 |
Golash addresses the value of punishment in contemporary society.
| Author | : Benjamin S. Yost |
| Publisher | : Oxford University Press |
| Total Pages | : 280 |
| Release | : 2019-02-13 |
| Genre | : Philosophy |
| ISBN | : 0190901187 |
The specter of procedural injustice motivates many popular and scholarly objections to capital punishment. So-called proceduralist arguments against the death penalty are attractive to death penalty abolitionists because they sidestep the controversies that bedevil moral critiques of execution. Proceduralists do not shoulder the burden of demonstrating that heinous murderers deserve a punishment less than death. However, proceduralist arguments often pay insufficient attention to the importance of punishment; many imply the highly contentious claim that no type of criminal sanction is legitimate. In Against Capital Punishment, Benjamin S. Yost revitalizes the core of proceduralism both by examining the connection between procedural injustice and the impermissibility of capital punishment and by offering a comprehensive argument of his own which confronts proceduralism's most significant shortcomings. Yost is the first author to develop and defend the irrevocability argument against capital punishment, demonstrating that the irremediability of execution renders capital punishment impermissible. His contention is not that the act of execution is immoral, but rather that the possibility of irrevocable mistakes precludes the just administration of the death penalty. Shoring up proceduralist arguments for the abolition of the death penalty, Against Capital Punishment carries with it implications not only for the continued use of the death penalty in the criminal justice system, but also for the structure and integrity of the system as a whole.
| Author | : Michael J. Zimmerman |
| Publisher | : Broadview Press |
| Total Pages | : 197 |
| Release | : 2011-04-20 |
| Genre | : Philosophy |
| ISBN | : 1460401093 |
In The Immorality of Punishment Michael Zimmerman argues forcefully that not only our current practice but indeed any practice of legal punishment is deeply morally repugnant, no matter how vile the behaviour that is its target. Despite the fact that it may be difficult to imagine a state functioning at all, let alone well, without having recourse to punishing those who break its laws, Zimmerman makes a timely and compelling case for the view that we must seek and put into practice alternative means of preventing crime and promoting social stability.
| Author | : Bernard E. Harcourt |
| Publisher | : University of Chicago Press |
| Total Pages | : 345 |
| Release | : 2008-09-15 |
| Genre | : Law |
| ISBN | : 0226315991 |
From random security checks at airports to the use of risk assessment in sentencing, actuarial methods are being used more than ever to determine whom law enforcement officials target and punish. And with the exception of racial profiling on our highways and streets, most people favor these methods because they believe they’re a more cost-effective way to fight crime. In Against Prediction, Bernard E. Harcourt challenges this growing reliance on actuarial methods. These prediction tools, he demonstrates, may in fact increase the overall amount of crime in society, depending on the relative responsiveness of the profiled populations to heightened security. They may also aggravate the difficulties that minorities already have obtaining work, education, and a better quality of life—thus perpetuating the pattern of criminal behavior. Ultimately, Harcourt shows how the perceived success of actuarial methods has begun to distort our very conception of just punishment and to obscure alternate visions of social order. In place of the actuarial, he proposes instead a turn to randomization in punishment and policing. The presumption, Harcourt concludes, should be against prediction.
| Author | : Carissa Byrne Hessick |
| Publisher | : Abrams |
| Total Pages | : 248 |
| Release | : 2021-10-12 |
| Genre | : Law |
| ISBN | : 164700103X |
From a prominent criminal law professor, a provocative and timely exploration of how plea bargaining prevents true criminal justice reform and how we can fix it—now in paperback When Americans think of the criminal justice system, the image that comes to mind is a trial-a standard courtroom scene with a defendant, attorneys, a judge, and most important, a jury. It's a fair assumption. The right to a trial by jury is enshrined in both the body of the Constitution and the Bill of Rights. It's supposed to be the foundation that undergirds our entire justice system. But in Punishment Without Trial: Why Plea Bargaining Is a Bad Deal, University of North Carolina law professor Carissa Byrne Hessick shows that the popular conception of a jury trial couldn't be further from reality. That bedrock constitutional right has all but disappeared thanks to the unstoppable march of plea bargaining, which began to take hold during Prohibition and has skyrocketed since 1971, when it was affirmed as constitutional by the Supreme Court. Nearly every aspect of our criminal justice system encourages defendants-whether they're innocent or guilty-to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is dogging our jails and punishing citizens because it's the path of least resistance. Professor Hessick makes the case against plea bargaining as she illustrates how it has damaged our justice system while presenting an innovative set of reforms for how we can fix it. An impassioned, urgent argument about the future of criminal justice reform, Punishment Without Trial will change the way you view the criminal justice system.
| Author | : Hyman Gross |
| Publisher | : Oxford University Press |
| Total Pages | : 238 |
| Release | : 2012-01-12 |
| Genre | : Law |
| ISBN | : 0199644713 |
Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.
| Author | : Susan M. Turner |
| Publisher | : Wilfrid Laurier Univ. Press |
| Total Pages | : 338 |
| Release | : 2006-01-01 |
| Genre | : Social Science |
| ISBN | : 9780889209459 |
Why does our society think it is okay to hit children? Almost everyone thinks it is wrong to abuse a child. But many parents and teachers believe it is okay to spank children, rap their knuckles, slap their faces, pull their hair and yank their arms, as long as the punishment does not result in serious injury or death, and is intended to improve a child’s behaviour. Susan M. Turner explores the historical, psychological, sociological and legal foundations of this belief from a philosophical perspective and argues why it should be abandoned. Something to Cry About presents evidence from recent studies showing that all forms of corporal punishment pose significant risks for children and that none improves behaviour in the long term. Dr. Turner also examines Section 43 of the Canadian Criminal Code — a law that protects those who punish children in their care by allowing them to hit the children as long as such punishment is “reasonable,” even though Canadian case law shows that “reasonable” has included breaking a child’s fingers. Turner presents a comprehensive argument in favour of repeal. In Something to Cry About, Turner takes a definite stand, but does so in a way that invites critical dialogue. Her work is the first to set out the debate over corporal punishment in multidisciplinary terms pertinent to Canadian society. She brings together in one place a wide variety of thought and data which can be consulted by all Canadians concerned with the welfare of children.
| Author | : Zachary Hoskins |
| Publisher | : Oxford University Press |
| Total Pages | : 265 |
| Release | : 2019 |
| Genre | : Law |
| ISBN | : 0199389233 |
In Beyond Punishment?, Zachary Hoskins offers a philosophical examination of the collateral legal consequences of conviction. Considering how pervasive collateral restrictions have become and the dramatic effects such restrictions have on offenders' lives, Hoskins examines whether these extended measures of punishment are ever morally justified.
| Author | : Alfie Kohn |
| Publisher | : Mariner Books |
| Total Pages | : 452 |
| Release | : 1999 |
| Genre | : Behaviorism (Psychology). |
| ISBN | : |
Criticizes the system of motivating through reward, offering arguments for motivating people by working with them instead of doing things to them.
| Author | : Scott Turow |
| Publisher | : Macmillan + ORM |
| Total Pages | : 180 |
| Release | : 2010-08-24 |
| Genre | : Social Science |
| ISBN | : 0374706476 |
America's leading writer about the law takes a close, incisive look at one of society's most vexing legal issues Scott Turow is known to millions as the author of peerless novels about the troubling regions of experience where law and reality intersect. In "real life," as a respected criminal lawyer, he has been involved with the death penalty for more than a decade, including successfully representing two different men convicted in death-penalty prosecutions. In this vivid account of how his views on the death penalty have evolved, Turow describes his own experiences with capital punishment from his days as an impassioned young prosecutor to his recent service on the Illinois commission which investigated the administration of the death penalty and influenced Governor George Ryan's unprecedented commutation of the sentences of 164 death row inmates on his last day in office. Along the way, he provides a brief history of America's ambivalent relationship with the ultimate punishment, analyzes the potent reasons for and against it, including the role of the victims' survivors, and tells the powerful stories behind the statistics, as he moves from the Governor's Mansion to Illinois' state-of-the art 'super-max' prison and the execution chamber. Ultimate Punishment, this gripping, clear-sighted, necessary examination of the principles, the personalities, and the politics of a fundamental dilemma of our democracy has all the drama and intellectual substance of Turow's celebrated fiction.
