- Filename: the-limits-of-the-criminal-sanction.
- ISBN: 080478079X
- Release Date: 1968-06-01
- Number of pages: 388
- Author: Herbert Packer
- Publisher: Stanford University Press
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.
- Filename: overcriminalization.
- ISBN: 0198043996
- Release Date: 2008-01-08
- Number of pages: 248
- Author: Douglas Husak
- Publisher: Oxford University Press
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.
- Filename: preventive-justice.
- ISBN: 9780198712527
- Release Date: 2014
- Number of pages: 306
- Author: Andrew Ashworth
- Publisher: Oxford University Press (UK)
'Preventative Justice' looks at the use of coercive preventive measures by the state, both within and beyond criminal law. Examining preventive laws, measures, and institutions in and outside the criminal law, it explores the justifications given for using coercion to protect the public from harm.
- Filename: rethinking-criminal-law.
- ISBN: 0195136950
- Release Date: 2000
- Number of pages: 898
- Author: George P. Fletcher
- Publisher: Oxford University Press on Demand
This is a reprint of a book first published by Little, Brown in 1978. George Fletcher is working on a new edition, which will be published by Oxford in three volumes, the first of which is scheduled to appear in January of 2001. Rethinking Criminal Law is still perhaps the most influential and often cited theoretical work on American criminal law. This reprint will keep this classic work available until the new edition can be published.
- Filename: the-oxford-handbook-of-philosophy-of-criminal-law.
- ISBN: 9780195314854
- Release Date: 2011-09-22
- Number of pages: 525
- Author: John Deigh
- Publisher: Oxford University Press
First work of its kind (i.e., a handbook of authoritative, original essays) in the philosophy of criminal law The book covers a wide variety of topics including criminalization of obscenity and hate speech, the insanity defense, pleas of self-defense by battered women, the death penalty, and clemency. This is the first comprehensive handbook in the philosophy of criminal law. It contains seventeen original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation, responsibility, justification and excuse, duress, provocation and self-defense, insanity, punishment, the death penalty, mercy, and preventive detention and other alternatives to punishment. It will be an invaluable resource for scholars and students whose research and studies concern philosophical issues in criminal law and criminal law theory. Readership: Philosophers who specialize in legal philosophy, moral philosophy, or political philosophy; Criminal Law theorists and scholars; Criminologists; and Philosophy graduate students with interests in moral, political or legal philosophy.
- Filename: crime-and-custom-in-savage-society.
- ISBN: 0822602105
- Release Date: 1926
- Number of pages: 132
- Author: Bronislaw Malinowski
- Publisher: Rowman & Littlefield
Bronislaw Malinowski achieved international recognition as the founder of "functionalism" in social anthropology, based on his studies of Melanesian society on the Trobriand Islands off New Guinea. His Crime and Custom in Savage Society is now one of the classic works of modern anthropology. In his book, Malinowski describes and analyzes the ways in which Trobriand Islanders structure and maintain the social and economic order of their tribe. This is essential reading for anyone interested in anthropology.
- Filename: convicting-the-innocent.
- ISBN: 9780674060982
- Release Date: 2011-08-04
- Number of pages: 376
- Author: Brandon Garrett
- Publisher: Harvard University Press
DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling analysis, Garrett examines what went wrong in the cases of the first 250 people exonerated by DNA testing, and proposes systemic reforms.
- Filename: punishment-and-social-structure.
- ISBN: 1412832527
- Release Date: 2003-01-01
- Number of pages: 268
- Author: Georg Rusche
- Publisher: Transaction Publishers
Why are certain methods of punishment adopted or rejected in a given social situation? To what extent is the development of penal methods determined by basic social relations? The answers to these questions are complex, and go well beyond the thesis that institutionalized punishment is simply for the protection of society. While today's punishment of offenders often incorporates aspects of psychology, psychiatry, and sociology, at one time there was a more pronounced difference in criminal punishment based on class and economics. Punishment and Social Structure originated from an article written by Georg Rusche in 1933 entitled "Labor Market and Penal Sanction: Thoughts on the Sociology of Criminal Justice." Originally published in Germany by the Frankfurt Institute of Social Research, this article became the germ of a theory of criminology that laid the groundwork for all subsequent research in this area. Rusche and Kirchheimer look at crime from an historical perspective, and correlate methods of punishment with both temporal cultural values and economic conditions. The authors classify the history of crime into three primary eras: the early Middle Ages, in which penance and fines were the predominant modes of punishment; the later Middle Ages, in which harsh corporal punishment and capital punishment moved to the forefront; and the seventeenth century, in which the prison system was more fully developed. They also discuss more recent forms of penal practice, most notably under the constraints of a fascist state. The majority of the book was translated from German into English, and then reshaped by Rusche's co-author, Otto Kirchheimer, with whom Rusche actually had little discussion. While the main body of Punishment and Social Structure are Rusche's ideas, Kirchheimer was responsible for bringing the book more up-to-date to include the Nazi and fascist era. Punishment and Social Structure is a pioneering work that sets a paradigm for the study of crime and punishment.
- Filename: the-collapse-of-american-criminal-justice.
- ISBN: 9780674051751
- Release Date: 2011-09-15
- Number of pages: 413
- Author: William J. Stuntz
- Publisher: Harvard University Press
Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.
- Filename: crime-shame-and-reintegration.
- ISBN: 0521356687
- Release Date: 1989-03-23
- Number of pages: 226
- Author: John Braithwaite
- Publisher: Cambridge University Press
This book, a contribution to general criminological theory, suggests that the key to why some societies have higher crime rates than others lies in the way different cultures go about the social process of shaming wrongdoers. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be extraordinarily powerful, efficient, and just form of social control.
- Filename: punishment-and-deterrence.
- ISBN: UOM:39015004895556
- Release Date: 1974-01-01
- Number of pages: 189
- Author: Johannes Andenæs
- Filename: a-history-of-american-law-third-edition.
- ISBN: 9780743282581
- Release Date: 2005-06-01
- Number of pages: 640
- Author: Lawrence M. Friedman
- Publisher: Simon and Schuster
In this brilliant and immensely readable book, Lawrence M. Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices, and attitudes toward property, government, crime, and justice. Now completely revised and updated, this groundbreaking work incorporates new material regarding slavery, criminal justice, and twentieth-century law. For laymen and students alike, this remains the only comprehensive authoritative history of American law.
- Filename: the-apology-ritual.
- ISBN: 9781139474504
- Release Date: 2008-08-21
- Number of pages:
- Author: Christopher Bennett
- Publisher: Cambridge University Press
Christopher Bennett presents a theory of punishment grounded in the practice of apology, and in particular in reactions such as feeling sorry and making amends. He argues that offenders have a 'right to be punished' - that it is part of taking an offender seriously as a member of a normatively demanding relationship (such as friendship or collegiality or citizenship) that she is subject to retributive attitudes when she violates the demands of that relationship. However, while he claims that punishment and the retributive attitudes are the necessary expression of moral condemnation, his account of these reactions has more in common with restorative justice than traditional retributivism. He argues that the most appropriate way to react to crime is to require the offender to make proportionate amends. His book is a rich and intriguing contribution to the debate over punishment and restorative justice.
- Filename: facing-the-limits-of-the-law.
- ISBN: 9783540798569
- Release Date: 2009-04-21
- Number of pages: 533
- Author: Erik Claes
- Publisher: Springer Science & Business Media
Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.
- Filename: criminal-justice.
- ISBN: 0803990804
- Release Date: 1996-02-22
- Number of pages: 494
- Author: George S. Bridges
- Publisher: Pine Forge Press
Presents the field accurately and completely in a way that is understandable to undergraduates. Includes a rich collection of carefully edited classic and contemporary articles. Contains framing essays written by the Editors.