Criminalization

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The Criminalization of Migration

Idil Atak,James C. Simeon
The Criminalization of Migration Book PDF

Author : Idil Atak,James C. Simeon
Publisher : McGill-Queen's Press - MQUP
Page : 441 pages
File Size : 40,7 Mb
Release : 2018-12-30
Category : Political Science
ISBN : 9780773555648

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The Criminalization of Migration by Idil Atak,James C. Simeon Pdf

With over 240 million migrants in the world, including over 65 million forced migrants and refugees, states have turned to draconian measures to stem the flow of irregular migration, including the criminalization of migration itself. Canada, perceived as a nation of immigrants and touted as one of the most generous countries in the world today for its reception of refugees, has not been immune from these practices. This book examines "crimmigration" – the criminalization of migration – from national and comparative perspectives, drawing attention to the increasing use of criminal law measures, public policies, and practices that stigmatize or diminish the rights of forced migrants and refugees within a dominant public discourse that not only stereotypes and criminalizes but marginalizes forced migrants. Leading researchers, legal scholars, and practitioners provide in-depth analyses of theoretical concerns, legal and public policy dimensions, historic migration crises, and the current dynamics and future prospects of crimmigration. The editors situate each chapter within the existing migration literature and outline a way forward for the decriminalization of migration through the vigorous promotion and advancement of human rights. Building on recent legal, policy, academic, and advocacy initiatives, The Criminalization of Migration maps how the predominant trend toward the criminalization of migration in Canada and abroad can be reversed for the benefit of all, especially those forced to migrate for the protection of their inherent human rights and dignity.

Constructing Crime

Janet Mosher,Joan Brockman
Constructing Crime Book PDF

Author : Janet Mosher,Joan Brockman
Publisher : UBC Press
Page : 227 pages
File Size : 45,8 Mb
Release : 2010-05-10
Category : Social Science
ISBN : 9780774859462

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Constructing Crime by Janet Mosher,Joan Brockman Pdf

Constructing Crime examines why particular behaviours are defined and enforced as crimes and particular individuals are targeted as criminals. Contributors interrogate notions of crime, processes of criminalization, and the deployment of the concept of crime in five areas � the enforcement of fraud against welfare recipients and physicians, the enforcement of laws against Aboriginal harvesting practices, the perceptions of disorder in public housing projects, and the selective criminalization of gambling. These case studies and an afterword by Marie-Andr�e Bertrand challenge us to consider just who is rendered criminal and why.

Disability Injustice

Kelly Fritsch,Jeffrey Monaghan,Emily van der Meulen
Disability Injustice Book PDF

Author : Kelly Fritsch,Jeffrey Monaghan,Emily van der Meulen
Publisher : UBC Press
Page : 358 pages
File Size : 54,9 Mb
Release : 2022-02-15
Category : Social Science
ISBN : 9780774867153

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Disability Injustice by Kelly Fritsch,Jeffrey Monaghan,Emily van der Meulen Pdf

Ableism is embedded in Canadian criminal justice institutions, policies, and practices, making incarceration and institutionalization dangerous – even deadly – for disabled people. Disability Injustice examines disability in contexts that include policing and surveillance, sentencing and the courts, prisons and alternatives to confinement. The contributors confront challenging topics such as the pathologizing of difference as deviance; eugenics and crime control; criminalization based on biased physical and mental health approaches; and the role of disability justice activism in contesting discrimination. This provocative collection highlights how, with deeper understanding of disability, we can challenge the practices of crime control and the processes of criminalization.

Why Criminalize?

Thomas Søbirk Petersen
Why Criminalize Book PDF

Author : Thomas Søbirk Petersen
Publisher : Springer Nature
Page : 149 pages
File Size : 47,9 Mb
Release : 2019-11-28
Category : Law
ISBN : 9783030346904

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Why Criminalize? by Thomas Søbirk Petersen Pdf

The book defines and critically discusses the following five principles: the harm principle, legal paternalism, the offense principle, legal moralism and the dignity principle of criminalization. The book argues that all five principles raise important problems that point to rejections (or at least a rethink) of standard principles of criminalization. The book shows that one of the reasons why we should reject or revise standard principles of criminalization is that even the most plausible versions of the harm principle and legal paternalism that have been offered so far are rendered redundant by general moral theories. Furthermore, it demonstrates that the other three principles (or versions thereof), the offense principle, legal moralism and the dignity principle of criminalization, can either be covered by the harm principle, thus making these principles also redundant, or be seen to have what look like other unacceptable implications (e.g. that versions of legal moralism are based on speculative and incorrect empirical assumptions or violate what is called the criminological levelling-down challenge). As such, there is reason to move beyond traditional principles of criminalization, and instead to investigate alternative principles the state should be guided by when attempting to justify which kinds of conduct should be criminalized. Moreover, this book presents and defends such a principle – the utilitarian principle of criminalization.

Criminalization

R A Duff,Lindsay Farmer,S E Marshall,Massimo Renzo,Victor Tadros
Criminalization Book PDF

Author : R A Duff,Lindsay Farmer,S E Marshall,Massimo Renzo,Victor Tadros
Publisher : OUP Oxford
Page : 340 pages
File Size : 42,9 Mb
Release : 2014-12-04
Category : Law
ISBN : 9780191040986

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Criminalization by R A Duff,Lindsay Farmer,S E Marshall,Massimo Renzo,Victor Tadros Pdf

The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The fourth book in the series examines the political morality of the criminal law, exploring general principles and theories of criminalization. Chapters provide accounts of the criminal law in the light of ambitious theories about moral and political philosophy - republicanism and contractarianism, or reflect upon on the success of important theories of criminalization by viewing them in a novel light. Ideas that are fundamental to any complete theory of the criminal law - liberty, harm, and the effect on victims - are investigated in depth. Sociological investigation of the criminal law grounds a critical investigation into the principles of criminalization, both as a legislative matter, and with respect to criminalization practices, in contemporary and historical contexts. The volume broadens our conceptions of the theory of criminalization, and clarifies the role of the series in the development of this theory. It is essential reading for all interested in legal, political, and social theories of criminalization.

Digitize and Punish

Brian Jefferson
Digitize and Punish Book PDF

Author : Brian Jefferson
Publisher : U of Minnesota Press
Page : 247 pages
File Size : 48,7 Mb
Release : 2020-04-07
Category : Social Science
ISBN : 9781452963440

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Digitize and Punish by Brian Jefferson Pdf

Tracing the rise of digital computing in policing and punishment and its harmful impact on criminalized communities of color The U.S. Bureau of Justice Statistics estimates that law enforcement agencies have access to more than 100 million names stored in criminal history databases. In some cities, 80 percent of the black male population is registered in these databases. Digitize and Punish explores the long history of digital computing and criminal justice, revealing how big tech, computer scientists, university researchers, and state actors have digitized carceral governance over the past forty years—with devastating impact on poor communities of color. Providing a comprehensive study of the use of digital technology in American criminal justice, Brian Jefferson shows how the technology has expanded the wars on crime and drugs, enabling our current state of mass incarceration and further entrenching the nation’s racialized policing and punishment. After examining how the criminal justice system conceptualized the benefits of computers to surveil criminalized populations, Jefferson focuses on New York City and Chicago to provide a grounded account of the deployment of digital computing in urban police departments. By highlighting the intersection of policing and punishment with big data and web technology—resulting in the development of the criminal justice system’s latest tool, crime data centers—Digitize and Punish makes clear the extent to which digital technologies have transformed and intensified the nature of carceral power.

On Criminalization

J. Schonsheck
On Criminalization Book PDF

Author : J. Schonsheck
Publisher : Springer Science & Business Media
Page : 314 pages
File Size : 48,5 Mb
Release : 2013-06-29
Category : Philosophy
ISBN : 9789401581004

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On Criminalization by J. Schonsheck Pdf

I begin by introducing the main issues of the work, and inviting their consideration; as enticement, I offer a sketch of their practical importance, and of the philosophical challenge they present. And I provide a preview of the work's organization and central argument. There is something so obvious that it is easily-and often-overlooked: the enforcing of criminal statutes is the most intrusive and coercive exercise of domestic power by a state. Forcibly preventing people from doing that which they wish to do, forcibly compelling people to do that which they do not wish to do-and wielding force merely attempting to compel or prevent-these state activities have extraordinarily serious ramifications. Indeed, no state institutions are likely to have more profound an impact on the lives of individual citizens than those of the criminal justice system. I endorse Herbert Packer's assessment: The criminal sanction is the law's ultimate threat. Being punished for a crime is different from being regulated in the public interest, or being forced to compensate another who has been injured by one's conduct, or being treated for a disease. The sanction is at once l uniquely coercive and, in the broadest sense, uniquely expensive. As a consequence, these state activities are in special need of moral warrant. Given the great potential for doing grave injustice, the power of the state embodied in the criminal justice system ought not be exercised in the absence of a complete and compelling moral justification.

The Right Not to be Criminalized

Dennis J. Baker
The Right Not to be Criminalized Book PDF

Author : Dennis J. Baker
Publisher : Routledge
Page : 312 pages
File Size : 46,7 Mb
Release : 2016-02-24
Category : Law
ISBN : 9781317017776

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The Right Not to be Criminalized by Dennis J. Baker Pdf

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.

Coming Back to Jail

Elizabeth Comack
Coming Back to Jail Book PDF

Author : Elizabeth Comack
Publisher : Unknown
Page : 262 pages
File Size : 50,5 Mb
Release : 2018
Category : SOCIAL SCIENCE
ISBN : 1773630105

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Coming Back to Jail by Elizabeth Comack Pdf

Drawing on the stories of forty-two incarcerated women, Coming Back to Jail broadens the focus to examine the role of trauma in the women's lives.

The Criminalization of Black Children

Tera Eva Agyepong
The Criminalization of Black Children Book PDF

Author : Tera Eva Agyepong
Publisher : UNC Press Books
Page : 197 pages
File Size : 55,7 Mb
Release : 2018-03-14
Category : Social Science
ISBN : 9781469638669

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The Criminalization of Black Children by Tera Eva Agyepong Pdf

In the late nineteenth century, progressive reformers recoiled at the prospect of the justice system punishing children as adults. Advocating that children's inherent innocence warranted fundamentally different treatment, reformers founded the nation's first juvenile court in Chicago in 1899. Yet amid an influx of new African American arrivals to the city during the Great Migration, notions of inherent childhood innocence and juvenile justice were circumscribed by race. In documenting how blackness became a marker of criminality that overrode the potential protections the status of "child" could have bestowed, Tera Eva Agyepong shows the entanglements between race and the state's transition to a more punitive form of juvenile justice. In this important study, Agyepong expands the narrative of racialized criminalization in America, revealing that these patterns became embedded in a justice system originally intended to protect children. In doing so, she also complicates our understanding of the nature of migration and what it meant to be black and living in Chicago in the early twentieth century.

Criminalization, Representation, Regulation

Deborah Brock,Amanda Glasbeek,Carmela Murdocca
Criminalization Representation Regulation Book PDF

Author : Deborah Brock,Amanda Glasbeek,Carmela Murdocca
Publisher : University of Toronto Press
Page : 481 pages
File Size : 40,9 Mb
Release : 2014-01-01
Category : Social Science
ISBN : 9781442607101

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Criminalization, Representation, Regulation by Deborah Brock,Amanda Glasbeek,Carmela Murdocca Pdf

This book draws on Foucault's concept of governmentality as a lens to analyze and critique how crime is understood, reproduced, and challenged.

Policing the Womb

Michele Goodwin
Policing the Womb Book PDF

Author : Michele Goodwin
Publisher : Cambridge University Press
Page : 339 pages
File Size : 40,9 Mb
Release : 2020-03-12
Category : Health & Fitness
ISBN : 9781107030176

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Policing the Womb by Michele Goodwin Pdf

In Policing the Womb, Michele Goodwin explores how states abuse laws and infringe on rights to police women and their pregnancies. This book looks at the impact of these often arbitrary laws which can result in the punishment, incarceration, and humiliation of women, particularly poor women and women of color. Frequently based on unscientific claims of endangering a fetus, these laws allow extraordinary powers to state authorities over reproductive freedom and pregnancies. In this book, Michele Goodwin discusses real examples of women whose pregnancies have been controlled by the law and what has led to the United States being the deadliest country in the developed world for a woman to be pregnant.

Criminalizing Women

Gillian Balfour,Elizabeth Comack
Criminalizing Women Book PDF

Author : Gillian Balfour,Elizabeth Comack
Publisher : Unknown
Page : 377 pages
File Size : 44,8 Mb
Release : 2014
Category : Social Science
ISBN : 1552666824

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Criminalizing Women by Gillian Balfour,Elizabeth Comack Pdf

Criminalizing Women introduces readers to the key issues addressed by feminists engaged in criminology research over the past four decades. Chapters explore how narratives that construct women as errant females, prostitutes, street gang associates and symbols of moral corruption mask the connections between women s restricted choices and the conditions of their lives."

Criminalization of Activism

Valeria Vegh Weis
Criminalization of Activism Book PDF

Author : Valeria Vegh Weis
Publisher : Routledge
Page : 309 pages
File Size : 40,5 Mb
Release : 2021-12-22
Category : Social Science
ISBN : 9781000476828

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Criminalization of Activism by Valeria Vegh Weis Pdf

Criminalization of Activism draws on a multiplicity of perspectives and case studies from the Global South and the Global North to show how protest has been subject to processes of criminalization over time. Contributors include scholars and activists from different disciplinary backgrounds, with a balance between authors from the Global North and the Global South. An introduction frames the topic within critical criminology, while also highlighting the possible disciplinary approaches and definitions of criminalization of resistance/activism. The editor also investigates the particularities of the current times in comparison to dynamics of criminalization in prior stages of capitalism. Bringing together a range of criminalization themes into a single volume, compromising historical criminology, Indigenous studies, gender studies, critical criminology, southern criminology and green criminology, it will be of great interest to scholars and students of criminology, social movement theory and social sciences, as well as those involved in activism and with a stand against criminalization.

Punishing Disease

Trevor Hoppe
Punishing Disease Book PDF

Author : Trevor Hoppe
Publisher : Univ of California Press
Page : 288 pages
File Size : 49,5 Mb
Release : 2018
Category : Social Science
ISBN : 9780520291607

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Punishing Disease by Trevor Hoppe Pdf

From the very beginning of the epidemic, AIDS was linked to punishment. Calls to punish people living with HIV—mostly stigmatized minorities—began before doctors had even settled on a name for the disease. Punitive attitudes toward AIDS prompted lawmakers around the country to introduce legislation aimed at criminalizing the behaviors of people living with HIV. Punishing Disease explains how this happened—and its consequences. With the door to criminalizing sickness now open, what other ailments will follow? As lawmakers move to tack on additional diseases such as hepatitis and meningitis to existing law, the question is more than academic.