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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security
Publisher : Unknown
Page : 164 pages
File Size : 42,6 Mb
Release : 2010
Category : Criminal jurisdiction
ISBN : OCLC:1097427132
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security
Publisher : Unknown
Page : 168 pages
File Size : 48,6 Mb
Release : 2010
Category : Law
ISBN : PURD:32754081279808
Author : Douglas Husak
Publisher : Oxford University Press
Page : 248 pages
File Size : 53,5 Mb
Release : 2008-01-08
Category : Law
ISBN : 0198043996
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 : United States. Congress. House. Committee on the Judiciary. Over-Criminalization Task Force of 2014
Publisher : Unknown
Page : 40 pages
File Size : 44,9 Mb
Release : 2014
Category : Criminal jurisdiction
ISBN : MINN:31951D03780415D
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security
Publisher : Unknown
Page : 168 pages
File Size : 49,6 Mb
Release : 2010
Category : Law
ISBN : UOM:39015090381750
Author : A P Simester,Andreas von Hirsch
Publisher : Bloomsbury Publishing
Page : 258 pages
File Size : 50,7 Mb
Release : 2011-06-24
Category : Law
ISBN : 9781847317773
When should we make use of the criminal law? Crimes, Harms, and Wrongs offers a philosophical analysis of the nature and ethical limits of criminalisation. The authors explore the scope of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm, developing guiding principles for these various grounds of state prohibition. Both authors have written extensively in the field. They have produced an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike. 'this elegant, closely argued and convincing book is of great value and can be expected to be of lasting influence.' James Chalmers 'Crimes, Harms, and Wrongs . . . is a welcome addition to this field, and should clarify the reader's thinking on a breathtakingly broad range of issues. . . . This is an important book, and [its] consideration of not only Anglo-American theory and law, but also German legal doctrines and writings on criminalisation, should ensure that this debate reaches new heights in the future.' Findlay Stark 'the result of [the authors'] many decades of thought and writing on this fundamental subject is an integrated, accessible, philosophically sophisticated discussion of this subject.' Justice Gilles Renaud 'A.P. Simester and Andreas von Hirsch present an informed and systematic account of the principles that, in their view, should structure decisions about what to criminalize, and when.' Vincent Chiao 'an outstanding work, original in many respects and meticulous in its arguments. It represents the greatest advance on this subject since Feinberg's four volumes . . . an outstanding contribution to the re-invigorated criminalization debate.' Andrew Ashworth 'important, original, interesting, and often ingenious. Unlike some recent competitive books it has the virtue of making sound arguments. And like everything else the authors have written, it is a joy to read ...This is an absolutely wonderful book.' Douglas Husak
Author : Thomas Søbirk Petersen
Publisher : Springer Nature
Page : 149 pages
File Size : 52,8 Mb
Release : 2019-11-28
Category : Law
ISBN : 9783030346904
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.
Author : Lindsay Farmer,S.E. Marshall,Massimo Renzo
Publisher : Oxford University Press
Page : 278 pages
File Size : 40,7 Mb
Release : 2010-11-11
Category : Law
ISBN : 9780199600557
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 : Nina Persak
Publisher : Springer Science & Business Media
Page : 160 pages
File Size : 45,6 Mb
Release : 2007-06-04
Category : Social Science
ISBN : 9780387464046
This book explores the issue of legitimate criminalization in a modern, liberal society. It argues that criminalization should be limited by normative principles, defining the substance of what can be legitimately proscribed. Coverage provides a comparative study between two major criminal legal systems and its theories: the Anglo-American, on one side, and the Continental criminal legal system of Germanic legal circle, on the other.
Author : Paul H. Robinson
Publisher : Routledge
Page : 312 pages
File Size : 46,6 Mb
Release : 2019-03-13
Category : Law
ISBN : 9780429720680
This book examines shared intuitive notions of justice among laypersons and compares the discovered principles to those instantiated in American criminal codes. It reports eighteen original studies on a wide range of issues that are central to criminal law formulation.
Author : Kristin Henning
Publisher : Pantheon
Page : 513 pages
File Size : 53,5 Mb
Release : 2021-09-28
Category : Social Science
ISBN : 9781524748906
A brilliant analysis of the foundations of racist policing in America: the day-to-day brutalities, largely hidden from public view, endured by Black youth growing up under constant police surveillance and the persistent threat of physical and psychological abuse "Storytelling that can make people understand the racial inequities of the legal system, and...restore the humanity this system has cruelly stripped from its victims.” —New York Times Book Review Drawing upon twenty-five years of experience representing Black youth in Washington, D.C.’s juvenile courts, Kristin Henning confronts America’s irrational, manufactured fears of these young people and makes a powerfully compelling case that the crisis in racist American policing begins with its relationship to Black children. Henning explains how discriminatory and aggressive policing has socialized a generation of Black teenagers to fear, resent, and resist the police, and she details the long-term consequences of racism that they experience at the hands of the police and their vigilante surrogates. She makes clear that unlike White youth, who are afforded the freedom to test boundaries, experiment with sex and drugs, and figure out who they are and who they want to be, Black youth are seen as a threat to White America and are denied healthy adolescent development. She examines the criminalization of Black adolescent play and sexuality, and of Black fashion, hair, and music. She limns the effects of police presence in schools and the depth of police-induced trauma in Black adolescents. Especially in the wake of the recent unprecedented, worldwide outrage at racial injustice and inequality, The Rage of Innocence is an essential book for our moment.
Author : William J. Stuntz
Publisher : Harvard University Press
Page : 425 pages
File Size : 46,6 Mb
Release : 2011-09-30
Category : History
ISBN : 9780674051751
Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.
Author : George Pavlich,Matthew P. Unger
Publisher : UBC Press
Page : 216 pages
File Size : 47,5 Mb
Release : 2016-11-28
Category : Social Science
ISBN : 9780774833776
Much critical scholarship has detailed the punitive effects of accusations that lead to criminalization. Less well documented is the founding role that accusation plays in creating potential criminals. In an attempt at redress, this collection foregrounds how ideas and rituals of accusation initiate criminalization processes. It offers various perspectives on the mechanisms by which legal persons come to be identified as suitable subjects for criminal justice arenas. By analyzing how criminal accusation operates in theoretical, historical, socio-legal, criminological, political, cultural, and procedural realms, this book launches an important new field of inquiry.
Author : Evan Stark
Publisher : Oxford University Press
Page : 465 pages
File Size : 52,5 Mb
Release : 2009
Category : Family & Relationships
ISBN : 9780195384048
Drawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.
Author : Victor Tadros
Publisher : Oxford University Press
Page : 352 pages
File Size : 52,5 Mb
Release : 2016-12-06
Category : Law
ISBN : 9780191067303
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 sixth volume in the series offers a philosophical investigation of the relationship between moral wrongdoing and criminalization. Considering they justification of punishment, the nature of harm, the importance of autonomy, inchoate wrongdoing, the role of consent, and the role of the state, the book provides an account of the nature of moral wrong doing, the sources of wrong doing, why wrong doing is the central target of the criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible.