The Right Not To Be Criminalized

Author : Dennis J. Baker
Publisher : Routledge
Page : 312 pages
File Size : 54,8 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.

Author : Dennis J. Baker
Publisher : Routledge
Page : 312 pages
File Size : 41,9 Mb
Release : 2016-02-24
Category : Law
ISBN : 9781317017769

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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.

Author : Peter Edelman
Publisher : The New Press
Page : 223 pages
File Size : 52,7 Mb
Release : 2019-07-02
Category : Political Science
ISBN : 9781620975534

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Not a Crime to Be Poor by Peter Edelman Pdf

Awarded "Special Recognition" by the 2018 Robert F. Kennedy Book & Journalism Awards Finalist for the American Bar Association's 2018 Silver Gavel Book Award Named one of the "10 books to read after you've read Evicted" by the Milwaukee Journal Sentinel "Essential reading for anyone trying to understand the demands of social justice in America."—Bryan Stevenson, author of Just Mercy Winner of a special Robert F. Kennedy Book Award, the book that Evicted author Matthew Desmond calls "a powerful investigation into the ways the United States has addressed poverty . . . lucid and troubling" In one of the richest countries on Earth it has effectively become a crime to be poor. For example, in Ferguson, Missouri, the U.S. Department of Justice didn't just expose racially biased policing; it also exposed exorbitant fines and fees for minor crimes that mainly hit the city's poor, African American population, resulting in jail by the thousands. As Peter Edelman explains in Not a Crime to Be Poor, in fact Ferguson is everywhere: the debtors' prisons of the twenty-first century. The anti-tax revolution that began with the Reagan era led state and local governments, starved for revenues, to squeeze ordinary people, collect fines and fees to the tune of 10 million people who now owe $50 billion. Nor is the criminalization of poverty confined to money. Schoolchildren are sent to court for playground skirmishes that previously sent them to the principal's office. Women are evicted from their homes for calling the police too often to ask for protection from domestic violence. The homeless are arrested for sleeping in the park or urinating in public. A former aide to Robert F. Kennedy and senior official in the Clinton administration, Peter Edelman has devoted his life to understanding the causes of poverty. As Harvard Law professor Randall Kennedy has said, "No one has been more committed to struggles against impoverishment and its cruel consequences than Peter Edelman." And former New York Times columnist Bob Herbert writes, "If there is one essential book on the great tragedy of poverty and inequality in America, this is it."

Author : Michele Goodwin
Publisher : Cambridge University Press
Page : 339 pages
File Size : 55,6 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.

Author : R A Duff
Publisher : Oxford University Press
Page : 128 pages
File Size : 48,6 Mb
Release : 2018-06-28
Category : Law
ISBN : 9780191058585

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The Realm of Criminal Law by R A Duff Pdf

We are said to face a crisis of over-criminalization: our criminal law has become chaotic, unprincipled, and over-expansive. This book proposes a normative theory of criminal law, and of criminalization, that shows how criminal law could be ordered, principled, and restrained. The theory is based on an account of criminal law as a distinctive legal practice that functions to declare and define a set of public wrongs, and to call to formal public account those who commit such wrongs; an account of the role that such practice can play in a democratic republic of free and equal citizens; and an account of the central features of such a political community, and of the way in which it constitutes its public realm-its civil order. Criminal law plays an important, but limited, role in such a political community in protecting, but also partly constituting, its civil order. On the basis of this account, we can see how such a political community will decide what kinds of conduct should be criminalized - not by applying one or more of the substantive master principles that theorists have offered, but by considering which kinds of conduct fall within its public realm (as distinct from the private realms that are not the polity's business), and which kinds of wrong within that realm require this distinctive kind of response (rather than one of the other kinds of available response). The outcome of such a deliberative process will probably be a more limited, and a more rational and principled, criminal law.

Author : Evan Stark
Publisher : Oxford University Press
Page : 465 pages
File Size : 40,9 Mb
Release : 2009
Category : Family & Relationships
ISBN : 9780195384048

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Coercive Control by Evan Stark Pdf

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 : Alice M. Miller,Mindy Jane Roseman
Publisher : Pennsylvania Studies in Human
Page : 360 pages
File Size : 50,5 Mb
Release : 2019
Category : Law
ISBN : 9780812251081

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Beyond Virtue and Vice by Alice M. Miller,Mindy Jane Roseman Pdf

Beyond Virtue and Vice examines human rights practices that bring crimninal law to bear on sexuality, gender, and reproduction and seek to articulate if, when, and under what conditions, recourse to criminal law is compatible with human rights in matters of gender expression and equality, sexuality, and reproductive health and justice.

Author : Leslie J. Reagan
Publisher : Univ of California Press
Page : 433 pages
File Size : 49,6 Mb
Release : 2022-02-22
Category : Medical
ISBN : 9780520387423

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When Abortion Was a Crime by Leslie J. Reagan Pdf

The definitive history of abortion in the United States, with a new preface that equips readers for what’s to come. When Abortion Was a Crime is the must-read book on abortion history. Originally published ahead of the thirtieth anniversary of Roe v. Wade, this award-winning study was the first to examine the entire period during which abortion was illegal in the United States, beginning in the mid-nineteenth century and ending with that monumental case in 1973. When Abortion Was a Crime is filled with intimate stories and nuanced analysis, demonstrating how abortion was criminalized and policed—and how millions of women sought abortions regardless of the law. With this edition, Leslie J. Reagan provides a new preface that addresses the dangerous and ongoing threats to abortion access across the country, and the precarity of our current moment. While abortions have typically been portrayed as grim "back alley" operations, this deeply researched history confirms that many abortion providers—including physicians—practiced openly and safely, despite prohibitions by the state and the American Medical Association. Women could find cooperative and reliable practitioners; but prosecution, public humiliation, loss of privacy, and inferior medical care were a constant threat. Reagan's analysis of previously untapped sources, including inquest records and trial transcripts, shows the fragility of patient rights and raises provocative questions about the relationship between medicine and law. With the right to abortion increasingly under attack, this book remains the definitive history of abortion in the United States, offering vital lessons for every American concerned with health care, civil liberties, and personal and sexual freedom.

Author : Douglas Husak
Publisher : Oxford University Press
Page : 248 pages
File Size : 42,7 Mb
Release : 2008-01-08
Category : Law
ISBN : 0198043996

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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 : George Pavlich,Matthew P. Unger
Publisher : UBC Press
Page : 216 pages
File Size : 49,6 Mb
Release : 2016-11-28
Category : Social Science
ISBN : 9780774833776

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Accusation by George Pavlich,Matthew P. Unger Pdf

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 : Alison Burke,David Carter,Brian Fedorek,Tiffany Morey,Lore Rutz-Burri,Shanell Sanchez
Publisher : Unknown
Page : 128 pages
File Size : 52,7 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 : Thomas Søbirk Petersen
Publisher : Springer Nature
Page : 149 pages
File Size : 53,9 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.

Author : Iris Haenen
Publisher : Unknown
Page : 0 pages
File Size : 51,6 Mb
Release : 2014
Category : Forced marriage
ISBN : 1780682522

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Force & Marriage by Iris Haenen Pdf

Forced marriages take place all over the world, both in times of peace and in times of conflict. This book provides a comparative perspective on the criminalisation of forced marriage, focusing on the question of whether, and, if so how, the practice of forced marriage should be criminalised under Dutch and international law.

Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 52,6 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791

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The Constitution Act, 1982 by Canada Pdf

Author : Leigh Goodmark
Publisher : Univ of California Press
Page : 395 pages
File Size : 53,5 Mb
Release : 2018-10-01
Category : Social Science
ISBN : 9780520968295

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Decriminalizing Domestic Violence by Leigh Goodmark Pdf

Decriminalizing Domestic Violence asks the crucial, yet often overlooked, question of why and how the criminal legal system became the primary response to intimate partner violence in the United States. It introduces readers, both new and well versed in the subject, to the ways in which the criminal legal system harms rather than helps those who are subjected to abuse and violence in their homes and communities, and shares how it drives, rather than deters, intimate partner violence. The book examines how social, legal, and financial resources are diverted into a criminal legal apparatus that is often unable to deliver justice or safety to victims or to prevent intimate partner violence in the first place. Envisioned for both courses and research topics in domestic violence, family violence, gender and law, and sociology of law, the book challenges readers to understand intimate partner violence not solely, or even primarily, as a criminal law concern but as an economic, public health, community, and human rights problem. It also argues that only by viewing intimate partner violence through these lenses can we develop a balanced policy agenda for addressing it. At a moment when we are examining our national addiction to punishment, Decriminalizing Domestic Violence offers a thoughtful, pragmatic roadmap to real reform.