Rights Forfeiture And Punishment

Author : Christopher Heath Wellman
Publisher : Oxford University Press
Page : 256 pages
File Size : 47,7 Mb
Release : 2017-07-03
Category : Philosophy
ISBN : 9780190676438

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Rights Forfeiture and Punishment by Christopher Heath Wellman Pdf

Given that persons typically have a right not to be subjected to the hard treatment of punishment, it would seem natural to conclude that the permissibility of punishment is centrally a question of rights. Despite this, the vast majority of theorists working on punishment focus instead on important aims, such as achieving retributive justice, deterring crime, restoring victims, or expressing society's core values. Wellman contends that these aims may well explain why we should want a properly constructed system of punishment, but none shows why it would be permissible to institute one. Only a rights-based analysis will suffice, because the type of justification we seek for punishment must demonstrate that punishment is permissible, and it would be permissible only if it violated no one's rights. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment by culpably violating (or at least attempting to violate) the rights of others. After defending rights forfeiture theory against the standard objections, Wellman explains this theory's implications for a number of core issues in criminal law, including the authority of the state, international criminal law, the proper scope of the criminal law and the tort/crime distinction, procedural rights, and the justification of mala prohibita.

Author : Anonim
Publisher : World Bank Publications
Page : 284 pages
File Size : 53,5 Mb
Release : 2009
Category : Law
ISBN : 9780821379028

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Stolen Asset Recovery by Anonim Pdf

This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.

Author : David Boonin
Publisher : Cambridge University Press
Page : 310 pages
File Size : 43,5 Mb
Release : 2008-04-14
Category : Philosophy
ISBN : 0521883164

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The Problem of Punishment by David Boonin Pdf

In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not. Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it.

Author : Stephen Kershnar
Publisher : University Press of America
Page : 220 pages
File Size : 51,7 Mb
Release : 2001
Category : Social Science
ISBN : 0761821538

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Desert, Retribution, and Torture by Stephen Kershnar Pdf

In general, there are two ways in which punishment is justified. Forward-looking justifications look to the good results that punishment brings about and that therefore occur after it. These results include the wrongdoer being deterred, incapacitated, or improved, as well as the deterrence of would-be wrongdoers, a decrease in costs associated with crime prevention, less fear in the community, and the promotion of hatred and disgust for actions that victimize others. In contrast, backward-looking justifications look to events that occurred before the punishment. On this approach, punishment is not justified via the good results that it brings about. The dominant backward-looking justification is retributivism. According to it, the wrongdoer in virtue of his past act deserves punishment and this desert justifies punishment. This book is an in-depth defense of retributivism. Since punitive desert lies at the heart of retributivism, it is important to provide an analysis of it. This is the focus of the first part of the book. I argue that punitive desert has to do with punishment being an intrinsically valuable event, where its value results from its standing in a certain relation to a person's having culpably performed a wrongdoing. I argue that this type of desert does not by itself contain moral duties to act in any way. In particular, it does not impose on someone the duty to punish a wrongdoer. This results in retributivism being more complex than the traditional accounts, since it must therefore involve duties that refer to but are not constituted by punitive desert. I also argue that punitive desert is independent of the wrongdoer's moral character and instead rests solely on a person's acts. Lastly, I argue that the value of punitive desert cannot be accounted for via more fundamental moral considerations. This results in punitive desert being a rather primitive moral notion in that it is not justified via more fundamental moral values. Like other intrinsically good things, e.g. friendship, and other intrinsically bad things, e.g. promise-breaking, punitive desert can be used to explain why certain states of affairs are both good and right.--Adapted from introduction.

Author : Meda Chesney-Lind,Marc Mauer
Publisher : The New Press
Page : 368 pages
File Size : 42,6 Mb
Release : 2011-05-10
Category : Law
ISBN : 9781595587367

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Invisible Punishment by Meda Chesney-Lind,Marc Mauer Pdf

In a series of newly commissioned essays from the leading scholars and advocates in criminal justice, Invisible Punishment explores, for the first time, the far-reaching consequences of our current criminal justice policies. Adopted as part of “get tough on crime” attitudes that prevailed in the 1980s and ’90s, a range of strategies, from “three strikes” and “a war on drugs,” to mandatory sentencing and prison privatization, have resulted in the mass incarceration of American citizens, and have had enormous effects not just on wrong-doers, but on their families and the communities they come from. This book looks at the consequences of these policies twenty years later.

Author : Michael J. Zimmerman
Publisher : Broadview Press
Page : 197 pages
File Size : 50,7 Mb
Release : 2011-04-20
Category : Philosophy
ISBN : 9781554810550

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The Immorality of Punishment by Michael J. Zimmerman Pdf

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 : Stefan D. Cassella
Publisher : Juris Publishing, Inc.
Page : 932 pages
File Size : 54,6 Mb
Release : 2013-01-01
Category : Law
ISBN : 9781578233656

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Asset Forfeiture Law in the United States - Second Edition by Stefan D. Cassella Pdf

Asset Forfeiture Law in the United States - Second Edition serves as both a primer on forfeiture law for the newcomer to this area, as well as a handy resource for anyone needing a comprehensive discussion of any of the recurring and evolving forfeiture issues that arise daily in federal practice. The author is one of the federal government's leading experts on asset forfeiture law. As a federal prosecutor, he has been litigating asset forfeiture cases since the late 1980's, was a Deputy Chief of the Justice Department’s Asset Forfeiture and Money Laundering Section for many years, and is now the Chief of the Asset Forfeiture and Money Laundering Section in the U.S. Attorney's Office in Baltimore, MD. Asset Forfeiture Law in the United States - Second Edition is a completely revised and up-to-date treatise that addresses important changes and significant developments in civil and criminal forfeiture law. Every chapter has been rewritten as a result of the explosive growth in this area of law and practice. This comprehensive one-volume resource examines and explores the outpouring of new case law stemming from federal law enforcement agencies that include the FBI, DEA, IRS and Homeland Security. The Second Edition continues to lead the practitioner, prosecutor, judge and policy maker through the labyrinth of statues, rules and cases that govern this dynamic area of the law. Many countries in Europe, Asia and Africa, as well as Australia and the Americas, have enacted asset forfeiture statutes modeled on U.S. law, making the cases interpreting the statutes relevant beyond the borders of the United States.

Author : Jeremy Bentham
Publisher : Wentworth Press
Page : 466 pages
File Size : 53,7 Mb
Release : 1830
Category : Criminal justice, Administration of
ISBN : STANFORD:36105044356819

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The Rationale of Punishment by Jeremy Bentham Pdf

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : Deirdre Golash
Publisher : NYU Press
Page : 229 pages
File Size : 40,6 Mb
Release : 2006-10
Category : Law
ISBN : 9780814731840

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The Case Against Punishment by Deirdre Golash Pdf

Golash addresses the value of punishment in contemporary society.

Author : Alison Burke,David Carter,Brian Fedorek,Tiffany Morey,Lore Rutz-Burri,Shanell Sanchez
Publisher : Unknown
Page : 128 pages
File Size : 44,7 Mb
Release : 2019
Category : Electronic
ISBN : 1636350682

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SOU-CCJ230 Introduction to the American Criminal Justice System by Alison Burke,David Carter,Brian Fedorek,Tiffany Morey,Lore Rutz-Burri,Shanell Sanchez Pdf

Author : Uwe Steinhoff
Publisher : Routledge
Page : 408 pages
File Size : 49,9 Mb
Release : 2019-10-08
Category : Philosophy
ISBN : 9781000727470

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Self-Defense, Necessity, and Punishment by Uwe Steinhoff Pdf

This book offers a philosophical analysis of the moral and legal justifications for the use of force. While the book focuses on the ethics self-defense, it also explores its relation to lesser evil justifications, public authority, the justification of punishment, and the ethics of war. Steinhoff’s account of the moral use of force covers a wide range of topics, including the nature of justification in general, the precise elements of different justifications, the logic of claim- and liberty-rights and of rights forfeiture, the value of human life and its limits, and the principles of reciprocity and precaution. While the author’s analysis is primarily philosophical, it is informed by a metaethical stance that also places heavy emphasis on existing law and legal scholarship. In doing so, the book appeals to widely shared moral intuitions, precepts, and concepts grounded in criminal law. Self-Defense, Necessity, and Punishment offers the most comprehensive and systematic account of the ethics of self-defense. It will be of interest to scholars and graduate students working in applied ethics and moral philosophy, philosophy of law, and political philosophy.

Author : Richard Jochelson,James Gacek,Lauren Menzie,Kirsten Kramar,Mark Doerksen
Publisher : Routledge
Page : 127 pages
File Size : 51,8 Mb
Release : 2017-07-06
Category : Social Science
ISBN : 9781351678636

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Criminal Law and Precrime by Richard Jochelson,James Gacek,Lauren Menzie,Kirsten Kramar,Mark Doerksen Pdf

In Philip K. Dick’s short story Minority Report, the institution of Precrime punishes people with imprisonment for crimes they would have committed had they not been prevented. With Dick’s allegorical inspiration, the authors of Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt posit that recent developments in Canadian law indicate a trend toward imposing punitive measures at increasingly earlier stages of the prosecutorial process. The result is a potentially new field of criminal management that could be characterized as "precrime"—particularly the use of the law as a technology of surveillance and prevention since "terror" became a justification for intervention. The authors note that as risk management logics (based in actuarial sciences) have shifted to precautionary ones (based in administrative sciences), the law has responded by developing techniques in the arena of criminal regulation in light of the "war on terror": the need to ensure security, the proliferation of digital data, and the development of drones, social networking, and cloud storage to gather personal data. The authors view shifts in criminal investigation; the substantive criminal law of sexual expression, conduct, and work; and civil forfeiture as emblematic of precrime populism. The unifying theme of these techniques is that they occur prior to state-identified crime, arise out of a precautionary philosophy, and seek to presume (or circumvent) criminality. The book is a provocative read for scholars and students in criminal law, policing, and surveillance, as well as for those interested in how areas of law, such as immigration, health, and anti-terrorism, are mobilizing the logics of risk and surveillance in new ways that emphasize precaution. The authors invite legal scholars to place the analytical lens of precrime on criminal and regulatory practices in Canada as well as other Western nations across the globe.

Author : S. H. Cuttler
Publisher : Cambridge University Press
Page : 288 pages
File Size : 41,8 Mb
Release : 2003-12-18
Category : History
ISBN : 0521526434

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The Law of Treason and Treason Trials in Later Medieval France by S. H. Cuttler Pdf

An account of the theoretical framework, legal complexities and enforcement of the French treason law.

Author : Florian Jeßberger,Julia Geneuss
Publisher : Cambridge University Press
Page : 411 pages
File Size : 55,5 Mb
Release : 2020-02-20
Category : Law
ISBN : 9781108475143

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Why Punish Perpetrators of Mass Atrocities? by Florian Jeßberger,Julia Geneuss Pdf

Examines the purpose of international punishment and how different theories of punishment influence the practice of the International Criminal Court.

Author : Nigel Walker
Publisher : Rowman & Littlefield
Page : 232 pages
File Size : 53,5 Mb
Release : 1980
Category : Law
ISBN : 0389201294

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Punishment, Danger and Stigma by Nigel Walker Pdf

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