When Brute Force Fails

Author : Mark A. R. Kleiman
Publisher : Princeton University Press
Page : 256 pages
File Size : 50,7 Mb
Release : 2009-08-17
Category : Political Science
ISBN : 1400831261

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When Brute Force Fails by Mark A. R. Kleiman Pdf

Since the crime explosion of the 1960s, the prison population in the United States has multiplied fivefold, to one prisoner for every hundred adults--a rate unprecedented in American history and unmatched anywhere in the world. Even as the prisoner head count continues to rise, crime has stopped falling, and poor people and minorities still bear the brunt of both crime and punishment. When Brute Force Fails explains how we got into the current trap and how we can get out of it: to cut both crime and the prison population in half within a decade. Mark Kleiman demonstrates that simply locking up more people for lengthier terms is no longer a workable crime-control strategy. But, says Kleiman, there has been a revolution--largely unnoticed by the press--in controlling crime by means other than brute-force incarceration: substituting swiftness and certainty of punishment for randomized severity, concentrating enforcement resources rather than dispersing them, communicating specific threats of punishment to specific offenders, and enforcing probation and parole conditions to make community corrections a genuine alternative to incarceration. As Kleiman shows, "zero tolerance" is nonsense: there are always more offenses than there is punishment capacity. But, it is possible--and essential--to create focused zero tolerance, by clearly specifying the rules and then delivering the promised sanctions every time the rules are broken. Brute-force crime control has been a costly mistake, both socially and financially. Now that we know how to do better, it would be immoral not to put that knowledge to work.

Author : Herbert Packer
Publisher : Stanford University Press
Page : 404 pages
File Size : 55,5 Mb
Release : 1968-06-01
Category : Social Science
ISBN : 080478079X

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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 : Emily Bazelon
Publisher : Random House Trade Paperbacks
Page : 450 pages
File Size : 42,5 Mb
Release : 2020-05-05
Category : Social Science
ISBN : 9780399590030

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Charged by Emily Bazelon Pdf

NEW YORK TIMES BESTSELLER • A renowned journalist and legal commentator exposes the unchecked power of the prosecutor as a driving force in America’s mass incarceration crisis—and charts a way out. “An important, thoughtful, and thorough examination of criminal justice in America that speaks directly to how we reduce mass incarceration.”—Bryan Stevenson, author of Just Mercy “This harrowing, often enraging book is a hopeful one, as well, profiling innovative new approaches and the frontline advocates who champion them.”—Matthew Desmond, author of Evicted FINALIST FOR THE LOS ANGELES TIMES BOOK PRIZE • SHORTLISTED FOR THE J. ANTHONY LUKAS BOOK PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY NPR • The New York Public Library • Library Journal • Publishers Weekly • Kirkus Reviews The American criminal justice system is supposed to be a contest between two equal adversaries, the prosecution and the defense, with judges ensuring a fair fight. That image of the law does not match the reality in the courtroom, however. Much of the time, it is prosecutors more than judges who control the outcome of a case, from choosing the charge to setting bail to determining the plea bargain. They often decide who goes free and who goes to prison, even who lives and who dies. In Charged, Emily Bazelon reveals how this kind of unchecked power is the underreported cause of enormous injustice—and the missing piece in the mass incarceration puzzle. Charged follows the story of two young people caught up in the criminal justice system: Kevin, a twenty-year-old in Brooklyn who picked up his friend’s gun as the cops burst in and was charged with a serious violent felony, and Noura, a teenage girl in Memphis indicted for the murder of her mother. Bazelon tracks both cases—from arrest and charging to trial and sentencing—and, with her trademark blend of deeply reported narrative, legal analysis, and investigative journalism, illustrates just how criminal prosecutions can go wrong and, more important, why they don’t have to. Bazelon also details the second chances they prosecutors can extend, if they choose, to Kevin and Noura and so many others. She follows a wave of reform-minded D.A.s who have been elected in some of our biggest cities, as well as in rural areas in every region of the country, put in office to do nothing less than reinvent how their job is done. If they succeed, they can point the country toward a different and profoundly better future.

Author : Nicole Hahn Rafter
Publisher : University of Illinois Press
Page : 324 pages
File Size : 40,9 Mb
Release : 1997
Category : Science
ISBN : 025206741X

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Creating Born Criminals by Nicole Hahn Rafter Pdf

But Creating Born Criminals is much more than a look at the past. It is an exploration of the role of biological explanation as a form of discourse and of its impact upon society. While The Bell Curve and other recent books have stopped short of making eugenic recommendations, their contentions point toward eugenic conclusions, and people familiar with the history of eugenics can hear in them its echoes. Rafter demonstrates that we need to know how eugenic reasoning worked in the past and that we must recognize the dangers posed by the dominance of a theory that interprets social problems in biological terms and difference as biological inferiority.

Author : J. Robert Lilly,Francis T. Cullen,Richard A. Ball
Publisher : SAGE Publications
Page : 691 pages
File Size : 45,7 Mb
Release : 2018-11-06
Category : Social Science
ISBN : 9781506387284

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Criminological Theory by J. Robert Lilly,Francis T. Cullen,Richard A. Ball Pdf

"The best organized and most comprehensive theory textbook to use for both graduate and undergraduate students. It provides historical context to the theories, and the authors make it easier for students to relate theory to reality." —Mirlinda Ndrecka, Ph.D., University of New Haven Updated Edition of a Best-Seller! Offering a rich introduction to how scholars analyze crime, Criminological Theory: Context and Consequences moves readers beyond a commonsense knowledge of crime to a deeper understanding of the importance of theory in shaping crime control policies. The Seventh Edition of the authors’ clear, accessible, and thoroughly revised text covers traditional and contemporary theory within a larger sociological and historical context. It includes new sources that assess the empirical status of the major theories, as well as updated coverage of crime control policies and their connection to criminological theory.

Author : Mark Kleiman
Publisher : Praeger
Page : 232 pages
File Size : 45,7 Mb
Release : 1989-06-26
Category : Law
ISBN : STANFORD:36105041008280

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Marijuana by Mark Kleiman Pdf

A timely, tightly reasoned, thought-provoking examination of ways to select policies for the enforcement of federal marijuana drug laws. Choice Mark Kleiman has written a thorough . . . analysis of federal law enforcement policy options regarding marijuana. The genesis of this work began when he worked as a policy analyst with the U.S. Department of Justice. . . . Kleiman presents a number of major arguments against increased federal enforcement of laws prohibiting marijuana, including that it would: (1) increase the use of other drugs such as PCP and alcohol, (2) increase drug dealing and theft among adolescent users, and (3) increase the involvement of organized crime in the illicit distribution and sale of marijuana due to the attraction of greater profits. Regarding this last item, he argues that as enforcement efforts increase it gives people with a propensity for using violence and corruption a competitive advantage in the marijuana trade. Because Kleiman argues for a severe curtailment of federal law enforcement efforts against marijuana, it will stimulate the debate about the role of federal law with regard to marijuana. Journal of Contemporary Criminal Justice How, and how vigorously, should U.S. federal law enforcement agencies enforce the laws against dealing in marijuana? This book assesses alternative ways of enforcing marijuana laws at the federal level. Marijuana grew out of work begun by Kleiman in 1981-1982 when, as a drug policy analyst for the Department of Justice, he was trying to calculate how an increase in enforcement resources would serve the twin goals of reducing drug abuse and limiting the power and wealth of large criminal organizations. This volume reproduces that analysis, using newer data, and compares results up to 1985-1986 with expectations. It is intended not to second-guess what was done, but to suggest how such choices ought to be made in the future. Kleiman divides his analysis into three parts. First, he identifies what is at stake in marijuana consumption and dealing, estimates the size of the problem, and discusses the criteria to be used in judging a policy recommendation. The second part is devoted to developing a theory of drug dealing and its response to varying levels of enforcement pressure. The remainder of the book applies that theory to the real world and discusses the policy options available now. Kleiman's conclusions are pessimistic about the ability of federal enforcement to influence marijuana consumption. His analysis supports both a reduction in federal marijuana enforcement efforts and a redirection towards the most violent dealing groups. As a study of a critical problem in contemporary American society and as a work of policy analysis, Marijuana will be challenging reading for political scientists, economists, policy analysts, and members of those agencies dealing with drug law enforcement. The serious general reader also will find it thought provoking.

Author : Markus Dirk Dubber
Publisher : NYU Press
Page : 411 pages
File Size : 42,6 Mb
Release : 2006
Category : Law
ISBN : 9780814719299

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Victims in the War on Crime by Markus Dirk Dubber Pdf

The first book to provide a critical analysis of the role of victims in the criminal justice system as a whole. It also breaks new ground in focusing not only on the victims of crime, but also on those of the war on victimless crime.

Author : United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs
Publisher : Unknown
Page : 484 pages
File Size : 40,6 Mb
Release : 2017
Category : Drug abuse
ISBN : IND:30000159418023

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America's Insatiable Demand for Drugs by United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs Pdf

Author : Phil Haun
Publisher : Stanford University Press
Page : 288 pages
File Size : 45,6 Mb
Release : 2015-07-01
Category : Political Science
ISBN : 9780804795074

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Coercion, Survival, and War by Phil Haun Pdf

In asymmetric interstate conflicts, great powers have the capability to coerce weak states by threatening their survival—but not vice versa. It is therefore the great power that decides whether to escalate a conflict into a crisis by adopting a coercive strategy. In practice, however, the coercive strategies of the U.S. have frequently failed. In Coercion, Survival and War Phil Haun chronicles 30 asymmetric interstate crises involving the US from 1918 to 2003. The U.S. chose coercive strategies in 23 of these cases, but coercion failed half of the time: most often because the more powerful U.S. made demands that threatened the very survival of the weak state, causing it to resist as long as it had the means to do so. It is an unfortunate paradox Haun notes that, where the U.S. may prefer brute force to coercion, these power asymmetries may well lead it to first attempt coercive strategies that are expected to fail in order to justify the war it desires. He concludes that, when coercion is preferred to brute force there are clear limits as to what can be demanded. In such cases, he suggests, U.S. policymakers can improve the chances of success by matching appropriate threats to demands, by including other great powers in the coercive process, and by reducing a weak state leader's reputational costs by giving him or her face-saving options.

Author : Aristotle
Publisher : ReadHowYouWant.com
Page : 430 pages
File Size : 55,7 Mb
Release : 2006
Category : Philosophy
ISBN : 9781425000868

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Nicomachean Ethics by Aristotle Pdf

Aristotle's "Nicomachean Ethics" is considered to be one of the most important treatises on ethics ever written. In an incredibly detailed study of virtue and vice in man, Aristotle examines one of the most central themes to man, the nature of goodness itself. In Aristotle's "Nicomachean Ethics," he asserts that virtue is essential to happiness and that man must live in accordance with the "doctrine of the mean" (the balance between excess and deficiency) to achieve such happiness.

Author : Andy Clark
Publisher : Oxford University Press, USA
Page : 425 pages
File Size : 43,6 Mb
Release : 2016
Category : Medical
ISBN : 9780190217013

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Surfing Uncertainty by Andy Clark Pdf

This title brings together work on embodiment, action, and the predictive mind. At the core is the vision of human minds as prediction machines - devices that constantly try to stay one step ahead of the breaking waves of sensory stimulation, by actively predicting the incoming flow. In every situation we encounter, that complex prediction machinery is already buzzing, proactively trying to anticipate the sensory barrage. The book shows in detail how this strange but potent strategy of self-anticipation ushers perception, understanding, and imagination simultaneously onto the cognitive stage.

Author : Ed Skoudis,Lenny Zeltser
Publisher : Prentice Hall Professional
Page : 672 pages
File Size : 53,7 Mb
Release : 2004
Category : Computers
ISBN : 0131014056

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Malware by Ed Skoudis,Lenny Zeltser Pdf

bull; Real-world tools needed to prevent, detect, and handle malicious code attacks. bull; Computer infection from viruses, worms, Trojan Horses etc., collectively known as malware is a growing cost problem for businesses. bull; Discover how attackers install malware and how you can peer through their schemes to keep systems safe. bull; Bonus malware code analysis laboratory.

Author : Judith Butler
Publisher : Verso Books
Page : 225 pages
File Size : 51,5 Mb
Release : 2021-02-09
Category : Political Science
ISBN : 9781788732772

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The Force of Nonviolence by Judith Butler Pdf

“The most creative and courageous social theorist working today” examines the ethical binds that emerge within the force field of violence (Cornel West). “ . . . nonviolence is often seen as passive and resolutely individual. Butler’s philosophical inquiry argues that it is in fact a shrewd and even aggressive collective political tactic.” —New York Times Judith Butler shows how an ethic of nonviolence must be connected to a broader political struggle for social equality. While many think of nonviolence as passive or individualist, Butler argues nonviolence is an ethical position found in the midst of the political field. She champions an ‘aggressive’ nonviolence, which accepts hostility as part of our psychic constitution—but values ambivalence as a way of checking the conversion of aggression into violence. Some challengers say a politics of nonviolence is subjective: What qualifies as violence versus nonviolence? This distinction is often mobilized in the service of ratifying the state’s monopoly on violence. Considering nonviolence as an ethical problem within a political philosophy requires two things: a critique of individualism and an understanding of the psychosocial dimensions of violence. Butler draws upon Foucault, Fanon, Freud, and Benjamin to consider how the interdiction against violence fails to include lives regarded as ‘ungrievable’. By considering how “racial phantasms” inform justifications of state and administrative violence, Butler tracks how violence is often attributed to those who are most severely exposed to its lethal effects. Ultimately, the struggle for nonviolence is found in modes of resistance and social movements that separate aggression from its destructive aims to affirm the living potentials of radical egalitarian politics.

Author : Jeremy Bentham
Publisher : Wentworth Press
Page : 466 pages
File Size : 51,7 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 : Timothy Lynch
Publisher : Cato Institute
Page : 285 pages
File Size : 40,9 Mb
Release : 2009-02-24
Category : Law
ISBN : 9781935308256

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In The Name of Justice by Timothy Lynch Pdf

America’s criminal codes are so voluminous that they now bewilder not only the average citizen but also the average lawyer. Our courthouses are so clogged that there is no longer adequate time for trials. And our penitentiaries are overflowing with prisoners. In fact, America now has the highest per capita prison population in the world. This situation has many people wondering whether the American criminal justice system has become dysfunctional. A generation ago Harvard Law Professor Henry Hart Jr. published his classic article, “The Aims of the Criminal Law,” which set forth certain fundamental principles concerning criminal justice. In this book, leading scholars, lawyers, and judges critically examine Hart’s ideas, current legal trends, and whether the “first principles” of American criminal law are falling by the wayside. Policymakers, academics, and citizens alike will enjoy this lively discussion on the nature of crime and punishment, and how the choices we make in formulating criminal laws can impact liberty, security, and justice.