The Limits Of The Criminal Sanction

Author : Herbert Packer
Publisher : Stanford University Press
Page : 404 pages
File Size : 43,8 Mb
Release : 1968-06-01
Category : Social Science
ISBN : 080478079X

Get Book

The Limits of the Criminal Sanction by Herbert Packer Pdf

The argument of this book begins with the proposition that there are certain things we must understand about the criminal sanction before we can begin to talk sensibly about its limits. First, we need to ask some questions about the rationale of the criminal sanction. What are we trying to do by defining conduct as criminal and punishing people who commit crimes? To what extent are we justified in thinking that we can or ought to do what we are trying to do? Is it possible to construct an acceptable rationale for the criminal sanction enabling us to deal with the argument that it is itself an unethical use of social power? And if it is possible, what implications does that rationale have for the kind of conceptual creature that the criminal law is? Questions of this order make up Part I of the book, which is essentially an extended essay on the nature and justification of the criminal sanction. We also need to understand, so the argument continues, the characteristic processes through which the criminal sanction operates. What do the rules of the game tell us about what the state may and may not do to apprehend, charge, convict, and dispose of persons suspected of committing crimes? Here, too, there is great controversy between two groups who have quite different views, or models, of what the criminal process is all about. There are people who see the criminal process as essentially devoted to values of efficiency in the suppression of crime. There are others who see those values as subordinate to the protection of the individual in his confrontation with the state. A severe struggle over these conflicting values has been going on in the courts of this country for the last decade or more. How that struggle is to be resolved is a second major consideration that we need to take into account before tackling the question of the limits of the criminal sanction. These problems of process are examined in Part II. Part III deals directly with the central problem of defining criteria for limiting the reach of the criminal sanction. Given the constraints of rationale and process examined in Parts I and II, it argues that we have over-relied on the criminal sanction and that we had better start thinking in a systematic way about how to adjust our commitments to our capacities, both moral and operational.

Author : Herbert L. Packer
Publisher : Unknown
Page : 385 pages
File Size : 44,8 Mb
Release : 1973
Category : Electronic
ISBN : OCLC:551585032

Get Book

The Limits of the Criminal Sanction by Herbert L. Packer Pdf

Author : Douglas Husak
Publisher : Oxford University Press
Page : 248 pages
File Size : 48,6 Mb
Release : 2008-01-08
Category : Law
ISBN : 0198043996

Get Book

Overcriminalization by Douglas Husak Pdf

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 : Matthew Dyson,Benjamin Vogel
Publisher : Unknown
Page : 597 pages
File Size : 54,8 Mb
Release : 2018
Category : Comparative law
ISBN : 1780687893

Get Book

The Limits of Criminal Law by Matthew Dyson,Benjamin Vogel Pdf

From a framework of core principles, 'The Limits of Criminal Law' explores the normative and performative limits of criminal law at the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, terrorism and intelligence law. It carefully juxtaposes and compares English and German law on each of these borders, drawing out underlying concepts and building a detailed picture of what shapes criminal law, where its limits come from, and what might motivate legal systems to strain, ignore or strengthen those limits.

Author : Michael R. Gottfredson,Travis Hirschi
Publisher : Oxford University Press
Page : 297 pages
File Size : 52,9 Mb
Release : 2020
Category : Law
ISBN : 9780190069803

Get Book

Modern Control Theory and the Limits of Criminal Justice by Michael R. Gottfredson,Travis Hirschi Pdf

Modern Control Theory and the Limits of the Criminal Justice develops and extends the theory of self control advanced in Gottfredson and Hirschi's classic work A General Theory of Crime. Since it was first published, their general theory has been among the most discussed and researched perspectives in criminology. This book critically reviews the evidence about the theory, contrasting it with alternative perspectives, and argues in favor of prevention efforts during early childhood to deal with the many problems facing the criminal justice system in America.

Author : Erin I. Kelly
Publisher : Harvard University Press
Page : 241 pages
File Size : 46,6 Mb
Release : 2018-11-12
Category : Philosophy
ISBN : 9780674980778

Get Book

The Limits of Blame by Erin I. Kelly Pdf

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.

Author : Andreas von Hirsch
Publisher : Bloomsbury Publishing
Page : 206 pages
File Size : 52,8 Mb
Release : 2017-02-09
Category : Law
ISBN : 9781509902675

Get Book

Deserved Criminal Sentences by Andreas von Hirsch Pdf

This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.

Author : J. M. Beattie
Publisher : OUP Oxford
Page : 512 pages
File Size : 45,7 Mb
Release : 2001-07-26
Category : History
ISBN : 9780191543326

Get Book

Policing and Punishment in London 1660-1750 by J. M. Beattie Pdf

This study examines the considerable changes that took place in the criminal justice system in the City of London in the century after the Restoration, well before the inauguration of the so-called 'age of reform'. The policing institutions of the City were transformed in response to the problems created by the rapid expansion of the metropolis during the early modern period, and as a consequence of the emergence of a polite urban culture. At the same time, the City authorities were instrumental in the establishment of new forms of punishment - particularly transportation to the American colonies and confinement at hard labour - that for the first time made secondary sanctions available to the English courts for convicted felons and diminished the reliance on the terror created by capital punishment. The book investigates why in the century after 1660 the elements of an alternative means of dealing with crime in urban society were emerging in policing, in the practices and procedures of prosecution, and in the establishment of new forms of punishment.

Author : Hyman Gross
Publisher : Oxford University Press
Page : 238 pages
File Size : 49,8 Mb
Release : 2012-01-12
Category : Law
ISBN : 9780199644711

Get Book

Crime and Punishment by Hyman Gross Pdf

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 : J. Schonsheck
Publisher : Springer Science & Business Media
Page : 314 pages
File Size : 55,5 Mb
Release : 2013-06-29
Category : Philosophy
ISBN : 9789401581004

Get Book

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.

Author : Alisa Smith,Sean Maddan
Publisher : Routledge
Page : 166 pages
File Size : 42,5 Mb
Release : 2019-05-22
Category : Law
ISBN : 9781000006902

Get Book

The Lower Criminal Courts by Alisa Smith,Sean Maddan Pdf

This book explores misdemeanor courts in the United States by focusing on the processing of misdemeanor crimes and the resultant consequences of conviction, such as loss of employment and housing, the imposition of significant fines, and loss of liberty—all amounting to the criminalization of poverty that happens in many U.S. misdemeanor courts. A major concern is the lack of due process employed in lower courts. Although the seminal case of Gideon v. Wainwright required the appointment of counsel to individuals too poor to hire counsel in felony cases, it was not until 1967, when the President’s Commission on Law Enforcement and Administration of Justice found a crisis in the lower courts, that the Supreme Court extended the right to counsel to some (though not all) prosecutions of misdemeanor offenses. The first step to improving our understanding of the lower courts is a concerted effort by scholars to focus on the processing and outcomes of misdemeanor cases. This collection begins to fill the void by providing a comprehensive review of the scholarly work on the lower courts in the United States. Collecting analysis from key academics engaged in work in this area today, the book reviews the varying specialized lower criminal courts, including specialty courts that have emerged in just the last couple of decades, along with discussions of the history, legal challenges, operation, primary actors (judges, prosecutors, defense counsel, and defendants), and current research on these courts. The book explores the profound consequences misdemeanor processing has for defendants and discusses the future of the lower criminal courts and offers best practices to improve them. The Lower Criminal Courts is essential for scholars and undergraduate and graduate students in criminology, sociology, justice studies, pre-law/legal studies, political science, and social work, and it is also useful as a resource providing legal practitioners with important information, highlighting the significance of consequences of misdemeanor arrests, detentions, and adjudications.

Author : Alison Burke,David Carter,Brian Fedorek,Tiffany Morey,Lore Rutz-Burri,Shanell Sanchez
Publisher : Unknown
Page : 128 pages
File Size : 55,5 Mb
Release : 2019
Category : Electronic
ISBN : 1636350682

Get Book

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 : Gary Kleck,Brion Sever
Publisher : Routledge
Page : 658 pages
File Size : 43,6 Mb
Release : 2017-10-04
Category : Social Science
ISBN : 9781351392228

Get Book

Punishment and Crime by Gary Kleck,Brion Sever Pdf

This book summarizes and synthesizes a vast body of research on the effects of legal punishment and criminal behavior. Covering studies conducted between 1967 and 2015, Punishment and Crime evaluates the assertion that legal punishment reduces crime by investigating the impacts, both positive and negative, of legal punishment on criminal behavior, with emphasis on the effects of punitive crime control policies via the mechanisms of deterrence and incapacitation. Brion Sever and Gary Kleck, author of the renowned Point Blank: Guns and Violence in America, present a literature review on legal punishment in the United States that is unparalleled in depth and scope. This text is a must-read for students, researchers, and policymakers concerned with the fields of corrections and crime prevention.

Author : Malcolm M. Feeley
Publisher : Russell Sage Foundation
Page : 365 pages
File Size : 43,5 Mb
Release : 1979-10-03
Category : Social Science
ISBN : 9781610442015

Get Book

The Process is the Punishment by Malcolm M. Feeley Pdf

It is conventional wisdom that there is a grave crisis in our criminal courts: the widespread reliance on plea-bargaining and the settlement of most cases with just a few seconds before the judge endanger the rights of defendants. Not so, says Malcolm Feeley in this provocative and original book. Basing his argument on intensive study of the lower criminal court system, Feeley demonstrates that the absence of formal "due process" is preferred by all of the court's participants, and especially by defendants. Moreover, he argues, "it is not all clear that as a group defendants would be better off in a more 'formal' court system," since the real costs to those accused of misdemeanors and lesser felonies are not the fines and prison sentences meted out by the court, but the costs incurred before the case even comes before the judge—lost wages from missed work, commissions to bail bondsmen, attorney's fees, and wasted time. Therefore, the overriding interest of the accused is not to secure the formal trappings of the judicial process, but to minimize the time, and money, spent dealing with the court. Focusing on New Haven, Connecticut's, lower court, Feeley found that the defense and prosecution often agreed that the pre-trial process was sufficient to "teach the defendant a lesson." In effect, Feeley demonstrates that the informal practices of the lower courts as they are presently constituted are more "just" than they are usually given credit for being. "... a book that should be read by anyone who is interested in understanding how courts work and how the criminal sanction is administered in modern, complex societies."— Barry Mahoney, Institute for Court Management, Denver "It is grounded in a firm grasp of theory as well as thorough field research."—Jack B. Weinstein, U.S. District Court Judge." a feature that has long been the hallmark of good American sociology: it recreates a believable world of real men and women."—Paul Wiles, Law & Society Review. "This book's findings are well worth the attention of the serious criminal justice student, and the analyses reveal a thoughtful, probing, and provocative intelligence....an important contribution to the debate on the role and limits of discretion in American criminal justice. It deserves to be read by all those who are interested in the outcome of the debate." —Jerome H. Skolnick, American Bar Foundation Research Journal

Author : Milena Tripkovic
Publisher : Studies in Penal Theory and Ph
Page : 193 pages
File Size : 45,5 Mb
Release : 2018-12-24
Category : Social Science
ISBN : 9780190848620

Get Book

Punishment and Citizenship by Milena Tripkovic Pdf

Criminal disenfranchisement-the practice of restricting electoral rights following criminal conviction-is the only surviving electoral restriction of adult, mentally competent citizens in contemporary democracies. Despite the strong devotion to the principle of universal suffrage, criminal offenders are still routinely deprived of active and passive franchise, while the justifications for such limitations remain elusive and incoherent. In Punishment and Citizenship, Milena Tripkovic develops an empirical and normative account of criminal disenfranchisement. Starting from historical precedents of such restrictions and examining the current policies of a number of European countries, Tripkovic argues that while criminal disenfranchisement is considered a form of punishment, it should instead be viewed as a citizenship sanction imposed when a citizen fails to perform their role as a member of a political community. In order to determine the justifications of disenfranchisement, Tripkovic explores various citizenship ideals and examines whether criminal offenders comply with the expectations that are posed before them. After developing a theoretical framework of citizenship duties, Tripkovic concludes that very few criminal offenders fail to satisfy fundamental citizenship conditions and exhaustive voting restrictions cannot ultimately be justified. A comprehensive assessment of criminal disenfranchisement, Punishment and Citizenship offers concrete policy suggestions to determine the limited circumstances under which electoral rights could justifiably be withheld from criminal offenders.