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Punishment Compensation And Law

Author: Mark R. Reiff
Publisher: Cambridge University Press
ISBN: 9781139446211
Size: 26.78 MB
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When it was originally published in 2005, this book was the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations.

Punishment Compensation And Law A Theory Of Enforceability

Author: CTI Reviews
Publisher: Cram101 Textbook Reviews
ISBN: 1467232416
Size: 51.80 MB
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Facts101 is your complete guide to Punishment, Compensation, and Law, A Theory of Enforceability. In this book, you will learn topics such as as those in your book plus much more. With key features such as key terms, people and places, Facts101 gives you all the information you need to prepare for your next exam. Our practice tests are specific to the textbook and we have designed tools to make the most of your limited study time.

The Ethics Of Capital Punishment

Author: Matthew H. Kramer
Publisher: OUP Oxford
ISBN: 019101849X
Size: 34.27 MB
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Debate has long been waged over the morality of capital punishment, with standard arguments in its favour being marshalled against familiar arguments that oppose the practice. In The Ethics of Capital Punishment, Matthew Kramer takes a fresh look at the philosophical arguments on which the legitimacy of the death penalty stands or falls, and he develops a novel justification of that penalty for a limited range of cases. The book pursues both a project of critical debunking of the familiar rationales for capital punishment and a project of partial vindication. The critical part presents some accessible and engaging critiques of major arguments that have been offered in support of the death penalty. These chapters, suitable for use in teaching courses on capital punishment, valuably take issue with positions at the heart of contemporary debates over the morality of such punishment. The book then presents an original justification for executing truly terrible criminals, a justification that is free-standing rather than an aspect or offshoot of a general theory of punishment. Its purgative rationale, which has not heretofore been propounded in any current philosophical and practical debates over the death penalty, derives from a philosophical reconception of the nature of evil and the nature of defilement. As the book contributes to philosophical discussions of those phenomena, it also contributes importantly to general normative ethics with sustained reflections on the differences between consequentialist approaches to punishment and deontological approaches. Above all, the volume contributes to the philosophy of criminal law with a fresh rationale for the use of the death penalty and with probing assessments of all the major theories of punishment that have been broached by jurists and philosophers for centuries. Although the book is a work of philosophy by a professional philosopher, it is readily accessible to readers who have not studied philosophy. It will stir both philosophers and anyone engaged with the death penalty to reconsider whether the institution of capital punishment can be an appropriate response to extreme evil.

Victims In The War On Crime

Author: Markus Dirk Dubber
Publisher: NYU Press
ISBN: 0814771416
Size: 26.69 MB
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Two phenomena have shaped American criminal law for the past thirty years: the war on crime and the victims' rights movement. As incapacitation has replaced rehabilitation as the dominant ideology of punishment, reflecting a shift from an identification with defendants to an identification with victims, the war on crime has victimized offenders and victims alike. What we need instead, Dubber argues, is a system which adequately recognizes both victims and defendants as persons. Victims in the War on Crime is the first book to provide a critical analysis of the role of victims in the criminal justice system as a whole. It also breaks new ground in focusing not only on the victims of crime, but also on those of the war on victimless crime. After first offering an original critique of the American penal system in the age of the crime war, Dubber undertakes an incisive comparative reading of American criminal law and the law of crime victim compensation, culminating in a wide-ranging revision that takes victims seriously, and offenders as well. Dubber here salvages the project of vindicating victims' rights for its own sake, rather than as a weapon in the war against criminals. Uncovering the legitimate core of the victims' rights movement from underneath existing layers of bellicose rhetoric, he demonstrates how victims' rights can help us build a system of American criminal justice after the frenzy of the war on crime has died down.

The Law Of Restitution In Nigeria

Author: Festus Emiri
Publisher: African Books Collective
ISBN: 9785157830
Size: 80.12 MB
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The Law of Restitution in Nigeria covers the historical development of restitution in law, its scope, and contemporary issues related to it. Some of the issues covered are: Ignorance; Incapacity; Exploitation; Enrichment at the plaintiffs expense; Restitution for wrongs and general principles, torts, breach of contract, equitable wrongdoing, criminal offenses; Defenses relating to changing circumstances; Illegality; and limitation of actions in restitution.

Punishment And Reform

Author: Great Britain: Ministry of Justice
Publisher: The Stationery Office
ISBN: 9780101833424
Size: 56.84 MB
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In the 2010 green paper, Breaking the cycle (Cm. 7972, ISBN 9780101797221), the Government set out plans for overhauling the way sentences served in the community are used, to increase the public's confidence in them and to tackle the continuing problem of reoffending. This consultation explores in more detail how that can be achieved and sets out proposals for radical reforms to the way in which sentences served in the community operate. Victims and society have a right to expect that wrongdoing results in punishment, and that they will be protected from further reoffending. Ultimately the goal must be to reduce crime and see fewer victims. Community orders need to be demanding and rigorously enforced so that they are as punitive and effective as a custodial sentence. The Government is clear that short prison sentences have their place, and this consultation does not seek to replace them with community sentences. But where an offender is on the cusp of custody, sentencers should have a genuine choice. Views are sought here on how that can be done through a tough package of requirements. A Consultation on effective probation services is publishing simultaneously (Cm. 8333, ISBN 9780101833325)

Foundational Texts In Modern Criminal Law

Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654620
Size: 16.50 MB
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Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

California Workers Compensation Law And Practice

Author: David L. Pollak
Publisher: LexisNexis
ISBN: 1949517020
Size: 68.93 MB
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This edition keeps you up-to-date with 2 revamped chapters, statutory and rule changes, and hundreds of new cases updating all 24 chapters. Revamped chapters: Chapter 8 Permanent Disability: has been updated and reorganized to present the material in a more logical way. Much of the text has been completely re-written to enhance clarity. The discussion of liens and related topics previously covered in various chapters has been revised and consolidated in Chapter 10 Liens and Medical-Legal Cost Petitions. Other new and updated material: Reforms Enacted in 2018 are summarized. §1:55 Fair Labor Standards Act: Plaintiff had valid FLSA cause of action when the plaintiff sued his employer in state court and employer’s attorney planned for ICE to take him into custody at a deposition and deport him. §2:220 Exclusion for National Guard Service: Applicant was ineligible for workers’ compensation benefits for psychiatric injury arising out of a sexual assault that occurred while training with the California Army National Guard. §2:59 Aggravation or Exacerbation: A second injury that causes no additional temporary or permanent disability is likely an exacerbation. §4:41 Peace Officer and Firefighter Cancer Presumption: Can defendant’s failure to produce HARP documents create an adverse inference? §4:61 Anti-Attribution Clauses: Appeals Board barred defendant from rebutting industrial causation where applicant contracted a blood-borne pathogen from a prior surgical scar and diverticulitis. §4:62 MTUS: Applicant’s right to challenge diagnosis or treatment with second and third opinions versus defendant’s right to control treatment through utilization review. §9:60 Resubmission to UR and the 12-Month Rule: Are the worker and treating doctor bound by the 12-month rule where there has been a misunderstanding of the medical facts? §9:61.2 No Medical/Legal or Judicial Review of UR Denial: Court of Appeal cases reject arguments that the UR / IMR process is unconstitutional. §9:63 Failure to Pay TD: WCJ did not err in ordering defendant to pay 13 years of temporary disability plus penalties where defendant failed to petition for termination of temporary disability. §12:02 Safety Order Violations: Employer guilty of serious and willful misconduct for failing to utilize a “tag line” on a steel beam. §12:11 Supplemental Job Displacement Vouchers: Applicant was not entitled to a second LC §5814 penalty for delay in providing a supplemental job displacement voucher. §12:117 Officers/Owners as Employees: LC §3352(a)(16)(A) provides an exception from the definition of an employee for certain officers and members of the board of directors of quasi-public or private corporations. §13:245 Settlement of One Part of Body Does Not Preclude Claim to Another: Applicant’s claim for cumulative injury to his brain during his professional football career was not barred by a Compromise and Release Agreement settling an earlier claim of cumulative injury to other body parts. §15:50 Withdrawal Requests before Reconsideration Deadline Has Passed: Board finds no mutual mistake when defendant listed the wrong date of death which affected the amount of the death benefit payable to applicant. §15:102 Setting Aside Stipulated Awards: Board returns several cases to trial level for further hearings on whether mistake was mutual or unilateral. Board finds no good cause to set aside stipulations for unilateral mistake. §15:135 Non-attorney Representatives: Lien for fees filed by a non-attorney representative lien claimant was precluded by LC §4903(a), which does not allow fees for non-attorney representatives. §17:04 Attorney Sanctions: Sanctions for failure to appear (§17:22); inappropriate language and misrepresentations (§17:123), and failure to return the client’s file (§17:131) Petition to Reduce Disability: Failure to file a timely petition to reduce permanent disability did not preclude WCJ from re-rating applicant’s current level of disability with regard to petition to re-open for new and further disability. §18:116 IMR: Timeframes set forth in LC §4610.6(d) and ADR §9792.10.5(a)(1) with respect to the 45 days required for IMR to issue its decision are directory and not mandatory. §19:13 IMR: First District Court of Appeal affirms Board’s decision denying the applicant’s petition for the Board to order its IMR organization to disclose identities of first and second independent medical reviewers. Disqualification for Cause: Allegations of bias without sufficient detail will generally not support disqualification. §21:03 Permanent and Stationary Reports: One panel concludes that a final permanent and stationary report by the primary treating physician is not required so long as there has been an evaluation by a qualified medical evaluator addressing permanent disability. §21:06 Right to Testify: WCJ did not err in allowing applicant, who had been deported to Mexico, to testify at trial via a cell phone using the FaceTime application. §21:112 Record of Proceedings: In several cases, the Board reiterates the importance of creating a record including the identification of issues for determination to afford the parties due process. §21:190 Newly-Discovered Evidence: Board grants reconsideration based on newly discovered evidence finding that WCJ had determined the applicant’s credibility based on a misleading drug testing report and the mistaken belief that the applicant was not taking his prescribed pain medications. §23:23

Responsibility And Punishment

Author: J. Angelo Corlett
Publisher: Springer Science & Business Media
ISBN: 9401598517
Size: 19.74 MB
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A provocative and lucid defense of retributivism against several long-standing criticisms. The author explores the matter of reparations for past wrongs in the case of crimes committed against Native Americans by the United States Government. Unequaled in its depth and scope of discussion the book delves deeply into particular concerns with retributivism, responsibility, and certain areas of compensation.