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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.
There are visible signs that the "get-tough" era of punishment is finally winding down. A "get-smart" agenda has emerged that aims to reduce costs and crime by reducing the incarceration of non-violent drug offenders, expanding use of community-based corrections, revising sentencing structures, and supporting offender re-entry into the community. This change in policy affords an opportunity to re-examine and challenge certain other conventions in the study and practice of punishment. Each chapter of Rethinking Punishment examines a convention and posits arguments that challenge that convention and expand the conversation. These arguments are based on the prior literature, existing and original data, and historical documents. These conventions and arguments for rethinking punishment are framed accordingly: Justifying Penal Policy Defining the Attributes of Punishment Measuring the Scope and Severity of Punishment Evaluating Effectiveness in Punishment Finally, the author provides specific recommendations for research and policy based on these original arguments. Drawing on underlying philosophical, empirical and political issues and offering a critical discussion of the relationship between research, policy and practice, this book makes compelling and instructive reading for students taking courses in criminal justice, corrections, philosophy of punishment, the sociology of punishment, and law and justice.
Rethinking Punishment in the Era of Mass Incarceration by Chris W. Surprenant Pdf
Cover -- Title -- Copyright -- Contents -- Acknowledgement -- Introduction: Why Do We Punish? -- 1 The Problem of Punishment -- 2 Unconscionable Punishment -- 3 The Coproduction of Justice -- 4 The Certainty of Punishment and the Proportionality of Incarceration -- 5 Imprisonment and the Right to Freedom of Movement -- 6 Are There Expressive Constraints on Incarceration? -- 7 Punishment, Restitution, and Incarceration -- 8 Communicative Theories of Punishment and the Impact of Apology -- 9 A Reparative Approach to Parole-Release Decisions -- 10 Restorative Justice in High Schools: A Roadmap to Transforming Prisons -- 11 Reforming Youth Incarceration in the United States -- 12 Policing for "Profit": The Political Economy of Private Prisons and Asset Forfeiture -- 13 Why Paternalists and Social Welfarists Should Oppose Criminal Drug Laws -- 14 The Need for Prosecutorial Guidelines -- 15 Prison Tunnel Vision -- 16 Exile as an Alternative to Incarceration -- 17 Corporal Punishment as an Alternative to Incarceration -- 18 The Potentials and Limitations of De-Incarceration -- List of Contributors -- Index
Rethinking Incarceration by Dominique DuBois Gilliard Pdf
IVP Readers' Choice Award Outreach Magazine Resource of the Year The United States has more people locked up in jails, prisons, and detention centers than any other country in the history of the world. Mass incarceration has become a lucrative industry, and the criminal justice system is plagued with bias and unjust practices. And the church has unwittingly contributed to the problem. Dominique Gilliard explores the history and foundation of mass incarceration, examining Christianity’s role in its evolution and expansion. He then shows how Christians can pursue justice that restores and reconciles, offering creative solutions and highlighting innovative interventions. The church has the power to help transform our criminal justice system. Discover how you can participate in the restorative justice needed to bring authentic rehabilitation, lasting transformation, and healthy reintegration to this broken system.
K. E. Boxer explores moral responsibility, and whether it is compatible with causal determinism. She suggests that to answer this question we must focus on responsibility in the sense of liability, and that an incompatibilist view may only be preserved on an understanding of the moral desert of punishment that many find morally problematic.
Re-Thinking the Political Economy of Punishment by Alessandro De Giorgi Pdf
The political economy of punishment suggests that the evolution of punitive systems should be connected to the transformations of capitalist economies: in this respect, each 'mode of production' knows its peculiar 'modes of punishment'. However, global processes of transformation have revolutionized industrial capitalism since the early 1970s, thus configuring a post-Fordist system of production. In this book, the author investigates the emergence of a new flexible labour force in contemporary Western societies. Current penal politics can be seen as part of a broader project to control this labour force, with far-reaching effects on the role of the prison and punitive strategies in general.
Author : Richard L. Lippke Publisher : Oxford University Press, USA Page : 312 pages File Size : 45,8 Mb Release : 2007-01-25 Category : Law ISBN : STANFORD:36105123214129
This book draws upon philosophical arguments, criminological evidence, and legal literature on prisoners' rights and sentencing to explore the restrictions and deprivations that can be legitimately imposed on serious offenders in the name of punishment.
Rethinking Hell by Christopher Date,Gregory Stump,Joshua Anderson Pdf
Most evangelical Christians believe that those people who are not saved before they die will be punished in hell forever. But is this what the Bible truly teaches? Do Christians need to rethink their understanding of hell? In the late twentieth century, a growing number of evangelical theologians, biblical scholars, and philosophers began to reject the traditional doctrine of eternal conscious torment in hell in favor of a minority theological perspective called conditional immortality. This view contends that the unsaved are resurrected to face divine judgment, just as Christians have always believed, but due to the fact that immortality is only given to those who are in Christ, the unsaved do not exist forever in hell. Instead, they face the punishment of the "second death"--an end to their conscious existence. This volume brings together excerpts from a variety of well-respected evangelical thinkers, including John Stott, John Wenham, and E. Earl Ellis, as they articulate the biblical, theological, and philosophical arguments for conditionalism. These readings will give thoughtful Christians strong evidence that there are indeed compelling reasons for rethinking hell.
Justice in the Shadow of Death by Michael Davis Pdf
With wide public support in 1994, Congress established more than sixty new capital crimes. In Justice in the Shadow of Death, Davis argues that, if the United States is ever to join the majority of the world in abolishing capital punishment, opponents of the death penalty must make a stronger philosophical case against it. He systematically dissects the arguments in favor of capital punishment and demonstrates why they are philosophically superior to opposing arguments. Justice in the Shadow of Death is an important book for philosophers, political theorists, policy analysts, and criminal justice specialists.
Author : Graeme R. Newman Publisher : State University of New York Press Page : 282 pages File Size : 45,5 Mb Release : 2020-03-01 Category : Social Science ISBN : 9781438478135
Civilization and Barbarism by Graeme R. Newman Pdf
The practice of mass incarceration has come under increasing criticism by criminologists and corrections experts who, nevertheless, find themselves at a loss when it comes to offering credible, practical, and humane alternatives. In Civilization and Barbarism, Graeme R. Newman argues this impasse has arisen from a refusal to confront the original essence of punishment, namely, that in some sense it must be painful. He begins with an exposition of the traditional philosophical justifications for punishment and then provides a history of criminal punishment. He shows how, over time, the West abandoned short-term corporal punishment in favor of longer-term incarceration, justifying a massive bureaucratic prison complex as scientific and civilized. Newman compels the reader to confront the biases embedded in this model and the impossibility of defending prisons as a civilized form of punishment. A groundbreaking work that challenges the received wisdom of "corrections," Civilization and Barbarism asks readers to reconsider moderate corporal punishment as an alternative to prison and, for the most serious offenders, forms of incapacitation without prison. The book also features two helpful appendixes: a list of debating points, with common criticisms and their rebuttals, and a chronology of civilized punishments.
Author : Elizabeth S Scott,Laurence D Steinberg Publisher : Harvard University Press Page : 379 pages File Size : 40,9 Mb Release : 2009-06-30 Category : Law ISBN : 9780674043367
Rethinking Juvenile Justice by Elizabeth S Scott,Laurence D Steinberg Pdf
What should we do with teenagers who commit crimes? In this book, two leading scholars in law and adolescent development argue that juvenile justice should be grounded in the best available psychological science, which shows that adolescence is a distinctive state of cognitive and emotional development. Although adolescents are not children, they are also not fully responsible adults.
“You should definitely read this book... What really struck me in reading Beyond These Walls was that Tony Platt had very seriously and carefully considered the contributions of social movements—feminist, queer, disability, and labor.” —Angela Davis Beyond These Walls is an ambitious and far-ranging exploration that tracks the legacy of crime and imprisonment in the United States, from the historical roots of the American criminal justice system to our modern state of over-incarceration, and offers a bold vision for a new future. Author Tony Platt, a recognized authority in the field of criminal justice, challenges the way we think about how and why millions of people are tracked, arrested, incarcerated, catalogued, and regulated in the United States. Beyond These Walls traces the disturbing history of punishment and social control, revealing how the criminal justice system attempts to enforce and justify inequalities associated with class, race, gender, and sexuality. Prisons and police departments are central to this process, but other institutions – from immigration and welfare to educational and public health agencies – are equally complicit. Platt argues that international and national politics shape perceptions of danger and determine the policies of local criminal justice agencies, while private policing and global corporations are deeply and undemocratically involved in the business of homeland security. Finally, Beyond These Walls demonstrates why efforts to reform criminal justice agencies have often expanded rather than contracted the net of social control. Drawing upon a long tradition of popular resistance, Platt concludes with a strategic vision of what it will take to achieve justice for all in this era of authoritarian disorder.
Appeal to the People's Court by Vincent Luizzi Pdf
In Appeal to the People's Court: Rethinking Law, Judging, and Punishment, Vincent Luizzi turns to the goings on in courts at the lowest level of adjudication for fresh insights for rethinking these basic features of the legal order. In the pragmatic tradition of turning from fixed and unchanging conceptions, the work rejects the view of law as a set of black and white rules, of judging as the mechanical application of law to facts, and of punishment as a necessary, punitive response to crime. The author, a municipal judge and philosophy professor, joins theory and practice to feature the citizen in rethinking these institutions. The work includes a foreword by Richard Hull, special Guest Editor for this volume in Studies in Jurisprudence.