Punishment, Danger and Stigma

Punishment, Danger and Stigma

Author: Nigel Walker

Publisher: Rowman & Littlefield

Published: 1980

Total Pages: 232

ISBN-13: 9780389201298

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The Limits of Blame

The Limits of Blame

Author: Erin I. Kelly

Publisher: Harvard University Press

Published: 2018-11-12

Total Pages: 241

ISBN-13: 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.


The Abuses of Punishment

The Abuses of Punishment

Author: R. Adams

Publisher: Springer

Published: 1998-02-18

Total Pages: 281

ISBN-13: 0230389287

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This book argues that abusive punishments are particularly deeply rooted in authoritarian states and in some Western countries such as Britain and the USA, from which they have been exported over past centuries. The book surveys a variety of psychological, physically constraining, custodial, corporal and capital punishments. The implicit punitive content of judicial processes such as trial, as well as treatments such as behavioural therapy, may have as much psychological impact as more explicitly physical punishments.


Shame Punishment

Shame Punishment

Author: Thom Brooks

Publisher: Routledge

Published: 2019-10-28

Total Pages: 571

ISBN-13: 1351900617

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Shame punishment has existed for perhaps as long as people have been punished, and the issue has been revisited in recent years to help improve crime reduction efforts. In this collection, shame punishment is examined from various critical perspectives, including its relation with expressivism, the diversity of shame punishment used today, the link between shame punishment and restorative justice, the relationship between dignity and shame punishment, shame punishment and its use for sex offenders, and critics of shame punishment in its different incarnations. The selected essays are from leading experts and represent the most important contributions to scholarly research in the field.


The Ethics of Proportionate Punishment

The Ethics of Proportionate Punishment

Author: Jesper Ryberg

Publisher: Springer Science & Business Media

Published: 2007-11-10

Total Pages: 225

ISBN-13: 1402025548

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The philosophical discussion of state punishment is well on in years. In contrast with a large number of ethical problems which are concerned with right and wrong in relation to a narrowly specified area of human life and practice and which hav- at least since the early 70’s - been regarded as a legitimate part of philosophical thinking constituting the area of applied ethics, reflections on punishment can be traced much further back in the history of western philosophy. This is not surprising. That the stately mandated infliction of death, suffering, or deprivation on citizens should be met with hesitation - from which ethical reflections may depar- seems obvious. Such a practice certainly calls for some persuasive justification. It is therefore natural that reflective minds have for a long time devoted attention to punishment and that the question of how a penal system can be justified has constituted the central question in philosophical discussion. Though it would certainly be an exaggeration to claim that the justification question is the only aspect of punishment with which philosophers have been concerned, there has in most periods been a clear tendency to regard this as the cardinal issue. Comparatively much less attention has been devoted to the more precise questions of how, and how much, criminals should be punished for their respective wrong-doings. This may, of course, be due to several reasons.


The Right to Be Punished

The Right to Be Punished

Author: Gabriel Hallevy

Publisher: Springer Science & Business Media

Published: 2012-10-12

Total Pages: 249

ISBN-13: 3642323871

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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.


Punishment, Places and Perpetrators

Punishment, Places and Perpetrators

Author: Gerben Bruinsma

Publisher: Routledge

Published: 2012-12-06

Total Pages: 329

ISBN-13: 1135998396

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This book brings together an influential group of academics and researchers to review key areas of research, theory and methodology within criminology and criminal justice, and to identify the most important new challenges facing the discipline. The contributors focus on the three central themes of punishment and criminal justice, location and mobility, and perpetrators and criminal careers, on which much cutting edge research within criminology has been taking place. A particular strength of the book is its multidisciplinary and international approach, with contributors drawn from Europe, the UK and the United States.


Smith and Hogan's Criminal Law

Smith and Hogan's Criminal Law

Author: David Ormerod

Publisher: Oxford University Press, USA

Published: 2011-07-28

Total Pages: 1248

ISBN-13: 0199586497

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'Criminal Law' is written with the needs of the student foremost in mind to provide, more than ever, as modern and as comprehensive an exposition of the criminal law as he or she could possibly require.


Punishment & Sentencing

Punishment & Sentencing

Author: Mirko Bageric

Publisher: Routledge

Published: 2001-07-01

Total Pages: 569

ISBN-13: 1135339791

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First published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.