The Right to Be Punished

The Right to Be Punished
Title The Right to Be Punished PDF eBook
Author Gabriel Hallevy
Publisher Springer Science & Business Media
Pages 249
Release 2012-10-12
Genre Law
ISBN 364232388X

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Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.

Rights Forfeiture and Punishment

Rights Forfeiture and Punishment
Title Rights Forfeiture and Punishment PDF eBook
Author Christopher Heath Wellman
Publisher Oxford University Press
Pages 241
Release 2017
Genre Law
ISBN 019027476X

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In Rights Forfeiture and Punishment, Christopher Heath Wellman argues that those who seek to defend the moral permissibility of punishment should shift their focus from general justifying aims to moral side constraints. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment.

The Problem of Punishment

The Problem of Punishment
Title The Problem of Punishment PDF eBook
Author David Boonin
Publisher Cambridge University Press
Pages
Release 2008-04-14
Genre Philosophy
ISBN 1139470787

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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.

An Essay on Crimes and Punishments

An Essay on Crimes and Punishments
Title An Essay on Crimes and Punishments PDF eBook
Author Cesare Beccaria
Publisher The Lawbook Exchange, Ltd.
Pages 274
Release 2006
Genre Criminal justice, Administration of
ISBN 1584776382

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Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.

Punished

Punished
Title Punished PDF eBook
Author Victor M.. Rios
Publisher NYU Press
Pages 236
Release 2011
Genre
ISBN 081477637X

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The Limits of Blame

The Limits of Blame
Title The Limits of Blame PDF eBook
Author Erin I. Kelly
Publisher Harvard University Press
Pages 241
Release 2018-11-12
Genre Philosophy
ISBN 0674980778

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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. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.

Punishment in Popular Culture

Punishment in Popular Culture
Title Punishment in Popular Culture PDF eBook
Author Austin Sarat
Publisher NYU Press
Pages 316
Release 2015-06-05
Genre Law
ISBN 1479861952

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Resource added for the Criminal Justice – Law Enforcement 105046 and Professional Studies 105045 programs.