Taming the Presumption of Innocence Book

Taming the Presumption of Innocence

  • Author : Richard L. Lippke
  • Publisher : Oxford University Press
  • Release Date : 2016-02-01
  • Genre: Social Science
  • Pages : 288
  • ISBN 10 : 9780190469207

Taming the Presumption of Innocence Book Description :

The notion that an individual accused of a crime is presumed innocent until proven guilty is one of the cornerstones of the American criminal justice system. However, the presumption of innocence creates a number of practical and theoretical issues, particularly regarding pre-trial and post-trial processes. In Taming the Presumption of Innocence, Richard L. Lippke argues that the presumption of innocence should be contained to the criminal trial. Beyond the realm of the trial, legal professionals, investigators, and the general public should carry out their respective roles in the criminal justice process without making any presumptions about guilt or innocence whatsoever. Rather than eschewing the significance of the presumption of innocence, the book defends its role within its proper context, the criminal trial. According to Lippke, other aspects of the criminal justice system such as investigation, lawmaking, and treatment of ex-offenders should be conducted in such a way that reflects the fallibility and unpredictability of the system without involving the issue of presumed guilt or innocence. Lippke dispels the idea that the presumption of innocence can be used to remedy some of the current issues in the practice of criminal justice, and instead proposes engaging in deeper, more substantive reforms of the American criminal justice system. The first monograph dedicated exclusively to the presumption of innocence, Taming the Presumption of Innocence will be an ideal text for students and scholars of criminology, criminal justice, and legal theory.

Presumption of Innocence in Peril Book

Presumption of Innocence in Peril

  • Author : Anthony Gray
  • Publisher : Lexington Books
  • Release Date : 2017-11-08
  • Genre: Political Science
  • Pages : 208
  • ISBN 10 : 9781498554114

Presumption of Innocence in Peril Book Description :

This book considers how legislatures have undermined the presumption of innocence and how courts have largely accepted it. It argues criminal law needs to return to notions of moral comfort as the basis for determining whether a person is guilty, and only impose criminal sanctions when there is sufficient, moral blame.

Taming the Dragon Book

Taming the Dragon

  • Author : United States. Congressional-Executive Commission on China
  • Publisher :
  • Release Date : 2002
  • Genre: Human rights
  • Pages : 50
  • ISBN 10 : MINN:31951D022651557

Taming the Dragon Book Description :

Taming Passion for the Public Good Book

Taming Passion for the Public Good

  • Author : Mark E. Kann
  • Publisher : NYU Press
  • Release Date : 2013-04-01
  • Genre: History
  • Pages : 248
  • ISBN 10 : 9780814764671

Taming Passion for the Public Good Book Description :

“Kann's latest tour de force explores the ambivalence, during the founding of our nation, about whether political freedom should augur sexual freedom. Tracing the roots of patriarchal sexual repression back to revolutionary America, Kann asks highly contemporary questions about the boundaries between public and private life, suggesting, provocatively, that political and sexual freedom should go hand in hand. This is a must-read for those interested in the interwining of politics, public life, and sexuality.”—Ben Agger, University of Texas at Arlington The American Revolution was fought in the name of liberty. In popular imagination, the Revolution stands for the triumph of populism and the death of patriarchal elites. But this is not the case, argues Mark E. Kann. Rather, in the aftermath of the Revolution, America developed a society and system of laws that kept patriarchal authority alive and well—especially when it came to the sex lives of citizens. In Taming Passion for the Public Good, Kann contends that that despite the rhetoric of classical liberalism, the founding generation did not trust ordinary citizens with extensive liberty. Through the policing of sex, elites sought to maintain control of individuals' private lives, ensuring that citizens would be productive, moral, and orderly in the new nation. New American elites applauded traditional marriages in which men were the public face of the family and women managed the home. They frowned on interracial and interclass sexual unions. They saw masturbation as evidence of a lack of self-control over one’s passions, and they considered prostitution the result of aggressive female sexuality. Both were punishable offenses. By seeking to police sex, elites were able to keep alive what Kann calls a “resilient patriarchy.” Under the guise of paternalism, they were able simultaneously to retain social control while espousing liberal principles, with the goal of ultimately molding the country into the n

The Ethics of Plea Bargaining Book

The Ethics of Plea Bargaining

  • Author : Richard L. Lippke
  • Publisher : Oxford University Press on Demand
  • Release Date : 2011
  • Genre: Law
  • Pages : 258
  • ISBN 10 : 9780199641468

The Ethics of Plea Bargaining Book Description :

Plea bargaining is among the most controversial practices within the US criminal justice system. It offers the accused less punishment in exchange for an admission of guilt and can impose added punishment on those who insist on going to trial. This book offers the first extended critical analysis of the ethics of the practice.

Guilty Acts  Guilty Minds Book

Guilty Acts Guilty Minds

  • Author : Stephen P. Garvey
  • Publisher : Oxford University Press
  • Release Date : 2020-05-25
  • Genre: Law
  • Pages : 320
  • ISBN 10 : 9780190924348

Guilty Acts Guilty Minds Book Description :

When someone commits a crime, what are the limits on a state's authority to define them as worthy of blame, and thus liable to punishment? This book answers that question, building on two ideas familiar to criminal lawyers: actus reus and mens rea, usually translated as "guilty act" and "guilty mind." In Guilty Acts, Guilty Minds, Stephen P. Garvey proposes an understanding of actus reus and mens rea as limits on the authority of a state, and in particular the authority of a democratic state, to ascribe guilt to those accused of crime. Garvey argues that actus reus and mens rea are necessary conditions for legitimate state punishment. Drawing on the work of political philosophers, moral philosophers, and criminal law theorists, Garvey provides clear explanations of how these concepts apply to a wide variety of cases. The book charges readers to consider practical examples and ask: whatever you believe regarding the justice of the rules, did the state act within the scope of its legitimate authority when it enacted those rules into law? Based on extensive research, this book presents a new theory in which the concepts of actus reus and mens rea mark the limits of state power rather than simply describe the elements of a crime. Making the compelling distinction between legitimacy and justice, Guilty Acts, Guilty Minds provides an important perspective on the limits of state authority.

American Exceptionalism in Crime and Punishment Book

American Exceptionalism in Crime and Punishment

  • Author : Kevin R. Reitz
  • Publisher : Oxford University Press
  • Release Date : 2017
  • Genre: Law
  • Pages : 560
  • ISBN 10 : 9780190203542

American Exceptionalism in Crime and Punishment Book Description :

The idea of American exceptionalism has made frequent appearances in discussions of criminal justice policies--as it has in many other areas--to help portray or explain problems that are especially acute in the U.S., including mass incarceration, retention of the death penalty, racial and ethnic disparities, and the War on Drugs. While scholars do not universally agree that it is an apt or useful framework, there is no question that the U.S. is an outlier, when compared with other industrialized democracies, in its punitive and exclusionary criminal justice policies. This volume of essays deepens the debate of American exceptionalism in crime and punishment through comparative political, economic, and historical analyses, with an orientation toward forward-looking prescriptions for American law, policy, and institutions of government. The chapters expand the literature to neglected areas such as community supervision, parole release, and collateral consequences of conviction; explore claims of causation, in particular the view that the U.S. history of slavery and racial inequality has been a primary driver of crime policy; examine arguments that the framework of multiple governments and localized crime control, populist style of democracy, and laissez-faire economy are implicated in problems of both crime and punishment; and assess theories that cultural values are the most salient predictors of penal severity and violent crime. With an outstanding list of contributors edited by a leading authority on punishment, this volume demonstrates that the largest problems of crime and justice cannot be brought into focus from the perspective of single jurisdiction, and that comparative inquiries are necessary for an understanding of the current predicament in the US.

The Metamorphosis of Criminal Justice Book

The Metamorphosis of Criminal Justice

  • Author : Jacqueline S. Hodgson
  • Publisher : Oxford University Press
  • Release Date : 2020-03-16
  • Genre: Social Science
  • Pages : 320
  • ISBN 10 : 9780199981441

The Metamorphosis of Criminal Justice Book Description :

In The Metamorphosis of Criminal Justice, Jacqueline S. Hodgson focuses on the potentially radical and fundamental changes taking place within criminal justice in Britain and in France and the ways that these are driven by wider domestic, European or international concerns. This metamorphosis away from established values and practices is eroding what were once regarded as core rights and freedoms in the name of efficiency, security, and justice to victims. Beginning with a comparative analysis of adversarial and inquisitorial procedural values and traditions, and an examination of broad trends in domestic and European criminal justice, Hodgson then discusses how the roles of prosecution and defense have been re-shaped in different ways in both jurisdictions--both in the text of the law and in their practices. The final section considers how systems within different procedural traditions adapt to address, or provide a remedy for, systemic flaws that produce wrongful convictions and in particular, the role of the defense in these procedures. By adopting an empirical and comparative approach, this book explores the nature and reach of these trends and the ways that they challenge and disrupt criminal processes and values.

Justice and Punishment Book

Justice and Punishment

  • Author : Matt Matravers
  • Publisher : Oxford University Press on Demand
  • Release Date : 2000-08-03
  • Genre: Law
  • Pages : 286
  • ISBN 10 : 9780198295730

Justice and Punishment Book Description :

This book aims to answer the question: 'why, and by what right do some people punish others?' The author argues that the justification of punishment must be embedded in a substantive political and moral theory. Matravers questions why it is that recent theories of distributive justice have had so little to say about the punishment and retributive justice. His answer is that contemporary theories of justice cannot explain the relationship of justice and morality more broadlyconceived. As this is also the relationship that a theory of punishment needs to explain, it is in examining the problem of punishment that the limitations of contemporary theories of justice are most starkly exposed. Moreover, the limitations are such as to undermine these accounts of justice. The claim isthat it is through the discussion of punishment that the inadequacies of contemporary theories of justice is demonstrated and it is therefore through the discussion of punishment that those inadequacies can be rectified.Matravers argues for a genuinely constructivist account of morality-constructivist in that it rejects any idea of objective, mind-independent moral values, and seeks instead to construct morality from non-moral human concerns and human wills, and genuinely constructivist in that, in contrast to the faux constructivisim of Rawls and cognate approaches, it does not take as a premise the equal moral worth of persons. He argues that a genuine constructivism will show the need for and justificationof punishment as intrinsic to morality itself.

Youth Street Gangs Book

Youth Street Gangs

  • Author : David C. Brotherton
  • Publisher : Routledge
  • Release Date : 2015-04-24
  • Genre: Social Science
  • Pages : 228
  • ISBN 10 : 9781135005955

Youth Street Gangs Book Description :

Gangs have been heavily pathologized in the last several decades. In comparison to the pioneering Chicago School's work on gangs in the 1920s we have moved away from a humanistic appraisal of and sensitivity toward the phenomenon and have allowed the gang to become a highly plastic folk devil outside of history. This pathologization of the gang has particularly negative consequences for democracy in an age of punishment, cruelty and coercive social control. This is the central thesis of David Brotherton’s new and highly contentious book on street gangs. Drawing on a wealth of highly acclaimed original research, Brotherton explores the socially layered practices of street gangs, including community movements, cultural projects and sites of social resistance. The book also critically reviews gang theory and the geographical trajectories of streets gangs from New York and Puerto Rico to Europe, the Caribbean and South America, as well as state-sponsored reactions and the enabling role of orthodox criminology. In opposition to the dominant gang discourses, Brotherton proposes the development of a critical studies approach to gangs and concludes by making a plea for researchers to engage the gang reflexively, paying attention to the contradictory agency of the gang and what gang members actually tell us. The book is essential reading for academics and students involved in the study of juvenile delinquency, youth studies, deviance, gang studies and cultural criminology.

Criminal Law in the Age of the Administrative State Book

Criminal Law in the Age of the Administrative State

  • Author : Vincent Chiao
  • Publisher : Studies in Penal Theory and Ph
  • Release Date : 2018-11-12
  • Genre: Law
  • Pages : 280
  • ISBN 10 : 9780190273941

Criminal Law in the Age of the Administrative State Book Description :

What is the criminal law for? One influential answer is that the criminal law vindicates pre-political rights and condemns wrongdoing. On this account, the criminal law has an intrinsic subject matter-certain types of moral wrongdoing-and it provides a distinctive response to that wrongdoing, namely condemnatory punishment. In Criminal Law in the Age of the Administrative State, Vincent Chiao offers an alternative, public law account. What the criminal law is for, Chiao suggests, is sustaining social cooperation with public institutions. Consequently, we only have reason to support the use of the criminal law insofar as its use is consistent with our reasons for valuing the social order established by those institutions. By starting with the political morality of public institutions rather than the interpersonal morality of private relationships, this account shows how the criminal law is continuous with the modern administrative and welfare state, and why it is answerable to the same political virtues. Chiao sketches a democratic egalitarian account of those virtues, one that is loosely consequentialist, egalitarian but not equalizing, and centered on a form of freedom-effective access to central capabilities-as its currency of evaluation. From this point of view, the role of the criminal law is to help public institutions create a society in which each person can lead a life as a peer among peers. Chiao shows how a democratic egalitarian approach to criminal justice provides a fresh perspective on a range of contemporary problems, from mass incarceration to overcriminalization, due process and the collateral consequences of a criminal conviction.

Crime  Police  and Penal Policy Book
Score: 4
From 1 Ratings

Crime Police and Penal Policy

  • Author : Clive Emsley
  • Publisher : Oxford University Press
  • Release Date : 2007-07-05
  • Genre: History
  • Pages : 285
  • ISBN 10 : 9780199202850

Crime Police and Penal Policy Book Description :

How did ideas about crime and criminals change in Europe from around 1750 to 1940? How did European states respond to these changes with the development of police and penal institutions? Clive Emsley addresses these questions using recent research on the history of crime and criminal justice in Europe. He reveals that many of the ideas hailed as new in current debate on crime and its 'solutions', have a very long and illustrious history.

Neurointerventions  Crime  and Punishment Book

Neurointerventions Crime and Punishment

  • Author : Jesper Ryberg
  • Publisher : Oxford University Press
  • Release Date : 2019-11-05
  • Genre: Law
  • Pages : 272
  • ISBN 10 : 9780190846435

Neurointerventions Crime and Punishment Book Description :

Advances in new neuroscientific research tools and technologies have not only led to new insight into the processes of the human brain, they have also refined and provided genuinely new ways of modifying and manipulating the human brain. The aspiration of such interventions is to affect conative, cognitive, and affective brain processes associated with emotional regulation, empathy, and moral judgment. Can the use of neuroscientific technologies for influencing the human functioning brain as a means of preventing offenders from engaging in future criminal conduct be justified? In Neurointerventions, Crime, and Punishment, Jesper Ryberg considers various ethical challenges surrounding this question. More precisely, he provides a framework for considering neuroethical issues within the criminal justice system and examines a set of procedures which the criminal justice system relies on to deal with criminal offending. To do this, Ryberg addresses the following questions, among others: Is it morally acceptable to offer more lenient sentences to offenders in return for participation in neuroscientific treatment programs? Or would such offers be unacceptably coercive? Is it possible to administer neurointerventions as a type of punishment? Would it be acceptable for physicians to participate in the administration of neurointerventions on offenders? What is the moral significance of the sordid history of brain interventions for the present or future use of such treatment options? As rehabilitation comes back into fashion after many decades and as neuroscientific knowledge and technology advance rapidly, these intricate and controversial topics become increasingly more urgent. Ryberg argues that many of the in-principle objections to neuroscientific treatment are premature, but given the way criminal justice systems currently function, such treatment methods should not be put into practice.

Modern Control Theory and the Limits of Criminal Justice Book

Modern Control Theory and the Limits of Criminal Justice

  • Author : Michael Gottfredson
  • Publisher : Oxford University Press
  • Release Date : 2019-10-01
  • Genre: Social Science
  • Pages : 320
  • ISBN 10 : 9780190069827

Modern Control Theory and the Limits of Criminal Justice Book Description :

In 1990 when Michael Gottfredson and Travis Hirschi published A General Theory of Crime, now often referred to as self control theory, it quickly became among the most discussed and researched perspectives in criminology. In Modern Control Theory and the Limits of Criminal Justice, Gottfredson and Hirschi develop and extend the theory of self control advanced in their classic work. Focusing on the methodology of testing crime theory and measuring behavioral research on crime and delinquency, they critically review the evidence about self control theory. Gottfredson and Hirschi further discuss evidence about the positive consequences of higher levels of self control from education, economics, and public health, that-along with evidence from delinquency and crime-show substantial support for the theory of self control. Illustrating the theory through predictions about policing, incarceration, juvenile justice, and the connection of immigration policy to crime, this book connects self control theory to the structure and function of the criminal justice system, then applies the theory to pressing issues of public policy about delinquency and crime.

Democratic Theory and Mass Incarceration Book

Democratic Theory and Mass Incarceration

  • Author : Richard Sparks
  • Publisher : Oxford University Press
  • Release Date : 2016-10-18
  • Genre: Crime prevention
  • Pages : 360
  • ISBN 10 : 9780190243098

Democratic Theory and Mass Incarceration Book Description :

The United States leads the world in incarceration, and the United Kingdom is persistently one of the European countries with the highest per capita rates of imprisonment. Yet despite its increasing visibility as a social issue, mass incarceration - and its inconsistency with core democratic ideals - rarely surfaces in contemporary Anglo-American political theory. Democratic Theory and Mass Incarceration seeks to overcome this puzzling disconnect by deepening the dialogue between democratic theory and punishment policy. This collection of original essays initiates a multi-disciplinary discussion among philosophers, political theorists, and criminologists regarding ways in which contemporary democratic theory might begin to think beyond mass incarceration. Rather than viewing punishment as a natural reaction to crime and imprisonment as a sensible outgrowth of this reaction, the volume argues that crime and punishment are institutions that reveal unmet demands for public oversight and democratic influence. Chapters explore theoretical paths towards de-carceration and alternatives to prison, suggest ways in which democratic theory can strengthen recent reform movements, and offer creative alternatives to mass incarceration. Democratic Theory and Mass Incarceration offers guideposts for critical thinking about incarceration, examining ways to rebuild crime control institutions and create a healthier, more just society.

Sentencing Multiple Crimes Book

Sentencing Multiple Crimes

  • Author : Jesper Ryberg
  • Publisher : Oxford University Press
  • Release Date : 2017
  • Genre: Law
  • Pages : 296
  • ISBN 10 : 9780190607609

Sentencing Multiple Crimes Book Description :

Most people assume that criminal offenders have only been convicted of a single crime. However, in reality almost half of offenders stand to be sentenced for more than one crime. The high proportion of multiple crime offenders poses a number of practical and theoretical challenges for the criminal justice system. For instance, how should courts punish multiple offenders relative to individuals who have been sentenced for a single crime? How should they be punished relative to each other? Sentencing Multiple Crimes discusses these questions from the perspective of several legal theories. This volume considers questions such as the proportionality of the crimes committed, the temporal span between the crimes, and the relationship between theories about the punitive treatment of recidivists and multiple offenders. Contributors from around the world and in the fields of legal theory, philosophy, and psychology offer their perspectives to the volume. A comprehensive examination of the dynamics involved with sentencing multiple offenders has the potential to be a powerful tool for legal scholars and professionals, particularly given the practical importance of the topic and the relative dearth of research about punishment of multiple offense cases.

Retributivism Has a Past Book

Retributivism Has a Past

  • Author : Michael Tonry
  • Publisher : OUP USA
  • Release Date : 2011-12-12
  • Genre: Law
  • Pages : 291
  • ISBN 10 : 9780199798278

Retributivism Has a Past Book Description :

A collection of essays by major figures in punishment theory, law, and philosophy that reconsiders the popularity and prospects of retributivism, the notion that punishment is morally justified because people have behaved wrongly.

The Toughest Beat Book

The Toughest Beat

  • Author : Joshua Page
  • Publisher : Oxford University Press
  • Release Date : 2013-02-01
  • Genre: Social Science
  • Pages : 293
  • ISBN 10 : 9780199985074

The Toughest Beat Book Description :

In America today, one in every hundred adults is behind bars. As our prison population has exploded, 'law and order' interest groups have also grown -- in numbers and political clout. In The Toughest Beat, Joshua Page argues in crisp, vivid prose that the Golden State's prison boom fueled the rise of one of the most politically potent and feared interest groups in the nation: the California Correctional Peace Officers Association (CCPOA). As it made great strides for its members, the prison officers' union also fundamentally altered the composition and orientation of the penal field. The Toughest Beat is essential reading for anyone concerned with contemporary crime and punishment, interest group politics, and public sector labor unions.

Reflections on the Revolution in France Book
Score: 4
From 1 Ratings

Reflections on the Revolution in France

  • Author : Edmund Burke
  • Publisher :
  • Release Date : 1890
  • Genre: France
  • Pages : 484
  • ISBN 10 : UOM:39015011009662

Reflections on the Revolution in France Book Description :

The Turn of the Screw Book

The Turn of the Screw

  • Author : Henry James
  • Publisher : Read Books Ltd
  • Release Date : 2020-01-06
  • Genre: Fiction
  • Pages : 138
  • ISBN 10 : 9781528789240

The Turn of the Screw Book Description :

This gothic classic, “The Turn of the Screw” is one of the most famous ghost stories of all time. On Christmas Eve, Douglas reads a manuscript written by a former acquaintance, the governess, whom Douglas claims to have known and who is now dead. The manuscript tells the story of how the young governess is hired by a man who has become responsible for his young nephew and niece after the tragic deaths of their parents. He is uninterested in raising the children. The governess’s new employer gives her full responsibility for the young siblings and explicitly states that he is not to be bothered with communications of any sort. Set in a remote estate this critically acclaimed novella tells the tale of a governess who, looking after two children, becomes convinced that the grounds are haunted. This story has been adapted many times for film and television, most recently in The Turning (2020). Famed for its ability to create an intimate sense of confusion and suspense, this novella is a must-read for all horror and ghost story fans.