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Retributivism

Author: Mark D. White
Publisher: Oxford University Press
ISBN: 0199877017
Size: 80.21 MB
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In Retributivism: Essays on Theory and Policy, Professor Mark D. White and his contributors offer analysis and explanations of new developments in retributivism, the philosophical account of punishment that holds that wrongdoers must be punished as a matter of right, duty, or justice, rather than to serve some general social purpose. The contemporary debate over retributivist punishment has become particularly vibrant in recent years, focusing increasingly on its political and economic as well as its philosophical aspects, and also on its practical ramifications in addition to theoretical implications. The twelve chapters in this book, written by leading legal scholars and philosophers, cover the various justifications and conceptions of retributivism, its philosophical foundations (often questioning conventional understandings), and how retributivism informs actual criminal justice procedures and practices.

Sentencing Law And Policy

Author: Nora Demleitner
Publisher: Wolters Kluwer Law & Business
ISBN: 1454824328
Size: 26.93 MB
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A leading text in criminal law, co-authored by leading scholars in the field, Sentencing Law and Policy draws from extensive sources to present a comprehensive overview of all aspects of criminal sentencing. Online integration with sentencing commissions, thorough treatment of current case law, and provocative notes and questions, stimulate students to consider connections between disparate institutions and examine the purposes and politics of the criminal justice system. The Third Edition has been updated to include recent developments in sentencing case law and provocative discussions of policy debates across a wide range of topics, including discretion in sentencing, race, death penalty abolition, state sentencing guidelines, second-look policies, the impact of new technologies, drug courts and much more. Features: Authors are among the leading sentencing scholars in the United States. Demleitner and Berman are editors of the leading sentencing journal, Federal Sentencing Reporter. Berman is the blog master of the leading sentencing blog, with huge readership. Intuitive organization tracks the process that occurs in every criminal sentencing. Each chapter draws on the most relevant examples from three distinct sentencing worlds: guideline-determinate, indeterminate, and capital. Wide-ranging source materials, including: U.S. Supreme Court decisions. Cases from state high courts, federal appellate courts, and foreign jurisdictions. Statutes and guidelines provisions. Reports and data from sentencing commissions and other agencies. Problems and questions in text are integrated with websites of sentencing commissions, such as the site for the U.S. Sentencing Commissions (www.ussc.gov). Challenging questions ask students to compare institutions and consider the connections between specific sentencing rules and the purposes and politics of criminal justice, emphasizing the effects of sentencing. Notes tell students directly what are the most common practices in U.S. jurisdictions. Instructors’ website (www.sentencingbook.net) provides the Teacher’s Manual—available only electronically on the site— with additional teaching materials to be posted as needed. Students’ website (www.sentencingbook.com) features longer collections of rules and guidelines, statutes, case studies, recent articles, practice problems, sample exams, and a virtual library. Thoroughly updated, the revised Third Edition includes: New Supreme Court cases, including Gall, Kimbrough, Padilla (6th Amendment), and Kennedy (child rape sentencing limits). Policy debates over mass incarceration, the relevance of the budget crisis, and the state-level variation in deincarceration. Shifting authority among key actors in the crack penalty/crack reform debate, including the Fair Sentencing Act (FSA). Expanded core study of discretion in sentencing and attention to race in sentencing, with a close study of the North Carolina Racial Justice Act and the emergence of “racial impact statements” about existing systems and proposed legislation ina number of states. Death penalty abolition. Developments in state sentencing guidelines, noting stand-still in new states, and the relevance of the ALI MPC project. Emergence of “second look” policy discussions, the troubled debate over the theory, operation and impact of parole systems, and the “supervised release” that has come to replace traditional parole. Discussion of new technologies, developm

Foundational Texts In Modern Criminal Law

Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654620
Size: 39.39 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.

Retributivism Has A Past

Author: Michael Tonry
Publisher: Oxford University Press
ISBN: 0199798400
Size: 69.62 MB
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For nearly two centuries in the United States, the punishment of crime was largely aimed, in theory and in practice, at prevention, rehabilitation or incapacitation, and deterrence. In the mid-1970s, a sharp-and some argued permanent-shift occurred. Punishment in the criminal justice system became first and foremost about retribution. Retribution trumped rehabilitation; proportionality outweighed prevention. The retributivist sea change was short-lived, however. After a few decades, some policy makers returned tentatively to individualized approaches to punishment, launching initiatives like drug courts and programs for treatment and reentry. Others promoted policies that retained the rhetoric but betrayed the theory-punishment in proportion to culpability-of retributivism, resulting in mandatory minimum sentences, three-strikes-and-you're-out laws, "dangerous offender" and "sexual predator" laws, "truth in sentencing," and life without the possibility of parole. What now for retributivism? Retributivism Has a Past: Has It a Future? brings thoughtfulness and rigor back into the retributivism debate. This collection of essays trains some of the most influential and brightest established and up-and-coming legal and philosophical minds on how retributivism does, might, or should affect contemporary policy and practices. The volume's aim is neither to condemn nor to justify, but to take new policies and practices seriously and examine them closely. At a time when criminal-justice policy makers are forced to reconsider contemporary approaches to punishment and attempt to devise new ones, Retributivism Has a Past: Has It a Future? offers serious theoretical critiques of the recent past and justifications for possible futures.

Placing Blame

Author: Michael S. Moore
Publisher: Oxford University Press, USA
ISBN: 0199599491
Size: 61.71 MB
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Originally published: Oxford: Clarendon, 1997.

Economics And The Virtues

Author: Jennifer A. Baker
Publisher: Oxford University Press
ISBN: 019870139X
Size: 56.27 MB
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Economics and the Virtues contains thirteen original essays by leading economists and philosophers that explore the contributions that virtue ethics can make to economics. Compared to other major systems of ethics such as utilitarianism and deontology that focus on the rightness or wrongness of actions, virtue ethics focuses on individuals and the virtues, character, and judgment that lead them in act morally. For this reason, virtue ethics provides aunique ethical perspective on the behavior of the individuals in economic models, a perspective which has become invaluable following recent financial events in the real world. The chapters in Economics and theVirtues provide historical and modern insights in both economics and philosophy and offer novel suggestions for incorporating the ethics of virtue into economics in order to make it more applicable to moral dilemmas in the world outside the models.