SOU-CCJ230 Introduction to the American Criminal Justice System
Author: Alison Burke
Publisher:
Published: 2019
Total Pages:
ISBN-13: 9781636350684
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The Limits of Blame
Author: Erin I. Kelly
Publisher: Harvard University Press
Published: 2018-11-12
Total Pages: 241
ISBN-13: 0674980778
DOWNLOAD EBOOKFaith 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.
Capital Punishment in America
Author: Evan Mandery
Publisher: Jones & Bartlett Publishers
Published: 2011-02-28
Total Pages: 613
ISBN-13: 1449605982
DOWNLOAD EBOOKThis revised and updated second edition is an overview of capital punishment. It offers an examination of the death penalty, supported by statistics and Supreme Court cases, and followed by pro and con discussions. The book addresses every major issue relating to the death penalty including deterrence, racial impact, arbitrariness, its use on special populations, and methods of execution. This text challenges students to evaluate their beliefs and assumptions on each of the various issues surrounding this controversial subject. Each chapter begins with a primer of the issue to be discussed, followed by the data and critical documents necessary to make an educated assessment, and concludes with essays that offer differing viewpoints by some of the best minds in the country. New material added to the second edition includes: updated data on deterrence ; new data and articles on brutalization and cost ; new cases and articles on the death penalty for juveniles ; new case and articles on the death penalty for raping a child ; and a new chapter on methods of execution.
Rejecting Retributivism
Author: Gregg D. Caruso
Publisher: Cambridge University Press
Published: 2021-04-29
Total Pages: 401
ISBN-13: 1108484700
DOWNLOAD EBOOKCaruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.
Punishment and Retribution
Author: Leo Zaibert
Publisher: Routledge
Published: 2016-04-15
Total Pages: 237
ISBN-13: 131707324X
DOWNLOAD EBOOKDiscussions of punishment typically assume that punishment is criminal punishment carried out by the State. Punishment is, however, a richer phenomenon and it occurs in many contexts. This book contains a general account of punishment which overcomes the difficulties of competing accounts. Recognizing punishment's manifoldness is valuable not merely in contributing to conceptual clarity, but in that this recognition sheds light on the complicated problem of punishment's justification. Insofar as they narrowly presuppose that punishment is criminal punishment, most apparent solutions to the tension between consequentialism and retributivism are rather unenlightening if we attempt to apply them in other contexts. Moreover, this presupposition has given rise to an unwieldy variety of accounts of retributivism which are less helpful in contexts other than criminal punishment. Treating punishment comprehensibly helps us to better understand how it differs from similar phenomena, and to carry on the discussion of its justification fruitfully.
The Death Penalty
Author: Louis P. Pojman
Publisher: Rowman & Littlefield Publishers
Published: 2000-01-01
Total Pages: 189
ISBN-13: 0585080682
DOWNLOAD EBOOKTwo distinguished social and political philosophers take opposing positions in this highly engaging work. Louis P. Pojman justifies the practice of execution by appealing to the principle of retribution: we deserve to be rewarded and punished according to the virtue or viciousness of our actions. He asserts that the death penalty does deter some potential murderers and that we risk the lives of innocent people who might otherwise live if we refuse to execute those deserving that punishment. Jeffrey Reiman argues that although the death penalty is a just punishment for murder, we are not morally obliged to execute murderers. Since we lack conclusive evidence that executing murderers is an effective deterrent and because we can foster the advance of civilization by demonstrating our intolerance for cruelty in our unwillingness to kill those who kill others, Reiman concludes that it is good in principle to avoid the death penalty, and bad in practice to impose it.
Retribution, Justice, and Therapy
Author: J G Murphy
Publisher:
Published: 1979-07-31
Total Pages: 280
ISBN-13: 9789400994621
DOWNLOAD EBOOKPunishment and Responsibility
Author: H.L.A. Hart
Publisher: Oxford University Press
Published: 2008-03-06
Total Pages: 332
ISBN-13: 0199534772
DOWNLOAD EBOOKThis collection of essays represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. This edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.
Beyond Retribution
Author: Christopher D. Marshall
Publisher: Wm. B. Eerdmans Publishing
Published: 2001
Total Pages: 372
ISBN-13: 9780802847973
DOWNLOAD EBOOKRecently a growing number of Christians have actively promoted the concept of "restorative justice" and attempted to develop programs for dealing with crime based on restorative principles. But is this approach truly consistent with the teaching of Scripture? To date, very little has been done to test this claim. Beyond Retribution fills a gap by plumbing the New Testament on the topics of crime, justice, and punishment. Christopher Marshall first explores the problems involved in applying ethical teachings from the New Testament to mainstream society. He then surveys the extent to which the New Testament addresses criminal justice issues, looking in particular at the concept of the justice of God in the teachings of Paul and Jesus. He also examines the topic of punishment, reviewing the debate in social thinking over the ethics and purpose of punishment -- including capital punishment -- and he advocates a new concept of "restorative punishment." The result of this engaging work is a biblically based challenge to imitate the way of Christ in dealing with both victims and offenders. - Publisher
For Capital Punishment
Author: Walter Berns
Publisher: Upa
Published: 1991
Total Pages: 232
ISBN-13:
DOWNLOAD EBOOKThis distinguished constitutional theorist takes a hard look at current criminal law and the Supreme Court's most recent decisions regarding the legality of capital punishment. Examining the penal system, capital punishment, and punishment in general, he reviews the continuing debate about the purpose of punishment for deterrence, rehabilitation, or retribution. He points out that the steady moderation of criminal law has not effected a corresponding moderation in criminal ways or improved the conditions under which men must live. He decries the "pious sentiment" of those who maintain that criminals need to be rehabilitated. He concludes that the real issue is not whether the death penalty deters crime, but that in an imperfect universe, justice demands the death penalty. Originally published by Basic Books in 1979.
