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The Limits of the Criminal Sanction

The Limits of the Criminal Sanction Author Herbert Packer
ISBN-10 080478079X
Release 1968-06-01
Pages 388
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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.



Overcriminalization

Overcriminalization Author Douglas N. Husak
ISBN-10 9780195399011
Release 2009-11-01
Pages 231
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In the US, one out of every 138 residents is incarcerated. The size of the prison population has quadrupled since 1980. Approximately 2.4% of Americans are either on probation and parole. The US has the highest rate of criminal punishment in the Western world. The problem with American criminal law, as the philosopher of law Douglas Husak and many others see it, is that there is simply too much of it. Recent years have seen a dramatic expansion in the amount of criminal statutes, and in the resulting reliance on punishment for convictions under those laws. Husak argues that this is regrettable for several reasons, but most importantly, he says that much of the resulting punishment is unjust, excessive, and disproportionate. He also claims that it is destructive to the rule of law and undermines the principle of legality. What should be done? Husak's goal in this book is formulate a normative theory of criminalization that will allow us to distinguish which criminal laws are justified, and which are not--something he sees this as essential in order to reverse the trend towards too many criminal laws. The first part of his book makes the case that there is both too much criminal law and too much punishment, and clarifies the relationship between the two using empirical data. He then provides examples of dubious criminal laws enacted by legislatures, in particular statutes on drugs possession and guns. The latter part of the book develops his theory, which establishes principles that should set limits (both external and internal to the criminal law) on what we can and should criminalize.



The limits of the criminal sanction

The limits of the criminal sanction Author Herbert L. Packer
ISBN-10 OCLC:1037632052
Release 1900
Pages
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The limits of the criminal sanction has been writing in one form or another for most of life. You can find so many inspiration from The limits of the criminal sanction also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The limits of the criminal sanction book for free.



The Structure and Limits of Criminal Law

The Structure and Limits of Criminal Law Author PaulH. Robinson
ISBN-10 9781351540247
Release 2017-10-23
Pages 636
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This volume brings together a collection of essays, many of them scholarly classics, which form part of the debates on three questions central to criminal law theory. The first of these questions is: what conduct should be necessary for criminal liability, and what sufficient? The answer to this question has wider implications for the debate about morality enforcement given the concern that the "harm principle" may have collapsed under its own weight. Secondly, essays address the question of what culpability should be necessary for criminal liability, and what sufficient? Here, the battles continue over whether the formulation of doctrines - such as the insanity defense, criminal negligence, strict liability, and others - should ignore or minimize the extent of an offender's blameworthiness in the name of effective crime-control. Or, are methods of accommodating the tension now in sight? Finally, essays consider the question of how criminal law rules should be best organized into a coherent and clarifying doctrinal structure. The structure grown by the common law process competes not only with that of modern comprehensive codifications, such as the America Law Institute's Model Penal Code, but also with alternative structures imagined but not yet tried.



Creating Born Criminals

Creating Born Criminals Author Nicole Hahn Rafter
ISBN-10 025206741X
Release 1997
Pages 284
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But Creating Born Criminals is much more than a look at the past. It is an exploration of the role of biological explanation as a form of discourse and of its impact upon society. While The Bell Curve and other recent books have stopped short of making eugenic recommendations, their contentions point toward eugenic conclusions, and people familiar with the history of eugenics can hear in them its echoes. Rafter demonstrates that we need to know how eugenic reasoning worked in the past and that we must recognize the dangers posed by the dominance of a theory that interprets social problems in biological terms and difference as biological inferiority.



The Limits of Asset Confiscation

The Limits of Asset Confiscation Author Johan Boucht
ISBN-10 9781509907090
Release 2017-06-01
Pages 280
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This book provides a normative analysis of the justifications and limits of asset confiscation as a crime control measure in a comparative perspective. More specifically, it deals with what in this context is referred to as extended appropriation, that is, confiscation in cases where the causal link between the property (the proceeds of crime) in question and the predicate offence(s) is less obvious. Particular focus is placed on extended criminal confiscation and civil recovery. These forms of confiscation give rise to a number of complex legal issues. The overarching purpose of the book is to provide an analysis of the nature of extended appropriation within the criminal justice system and to discuss a normative framework that may assist in assessing the legitimacy of such confiscation schemes. It also seeks to explore what a fair and reasonable balance between the interests of the state and those of the individual in this field might look like. The analysis starts from an acknowledgement not only of the need for having effective confiscation regimes in place, but also of the need for protecting the interests of the individual. It is hoped that the book will stimulate further discussion on the legitimacy of asset recovery as a crime control measure.



Discretionary Justice

Discretionary Justice Author Kenneth Culp Davis
ISBN-10 9780807156544
Release 1969-04
Pages 256
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"The book is a carefully considered, ably articulated, and closely reasoned call for a redirection of attention, thought, and research. This is why it is a pioneering and significant contribution to the literature of law, jurisprudence, public administration, and political science."--Virginia Quarterly Review



Limits to Pain

Limits to Pain Author Nils Christie
ISBN-10 9781556355974
Release 2007-10-01
Pages 122
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Inflicting pain is a serious matter, often at variance with cherished values such as kindness and forgiveness. Attempts might therefore be made to hide the basic character of the activity, or to give various scientific reasons for inflicting pain. Such attempts are systematically described in this book, and related to social conditions. None of these attempts to cope with pain seem to be quite satisfactory. It is as if societies in their struggle with penal theories oscillate between attempts to solve an insoluble dilemma. Punishment is used less in some systems than in others. On the basis of examples from systems where pain is rarely inflicted, some general conditions for a low level of pain infliction are formulated. The standpoint is that if pain is to be applied, this should be done without a manipulative purpose and in a social form resembling that which is normal when people are in deep sorrow. Most of the material is from Scandinavia, but the book draws extensively on the crime control debate in the United Kingdom and USA.



The Politics of Law and Order

The Politics of Law and Order Author Stuart A. Scheingold
ISBN-10 9781610270380
Release 2011-01-13
Pages 236
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Foundational and renowned study of how politicians and others use crime rates -- and most of all the public perception of street crime, whether or not it is accurate -- for their own purposes. Dr. Scheingold also provides a theoretical and historical basis for his views. The follow-up to the landmark book The Politics of Rights, this text is both supported in research and accessible and interesting to readers everywhere. Features new 2010 Foreword by Berkeley law professor Malcolm Feeley. A work that is both "timely and timeless," writes Feeley, it "is important for what it says -- and how it says it -- about American crime and crime policy, as well as American political culture. It speaks truth to power today as much as it did when it was first published." As recently noted by Amherst College's Austin Sarat, Scheingold "was quite simply one of the world's leading commentators on law and politics."



The Process is the Punishment

The Process is the Punishment Author Malcolm M. Feeley
ISBN-10 9781610442015
Release 1979-10-03
Pages 364
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It is conventional wisdom that there is a grave crisis in our criminal courts: the widespread reliance on plea-bargaining and the settlement of most cases with just a few seconds before the judge endanger the rights of defendants. Not so, says Malcolm Feeley in this provocative and original book. Basing his argument on intensive study of the lower criminal court system, Feeley demonstrates that the absence of formal “due process” is preferred by all of the court’s participants, and especially by defendants. Moreover, he argues, “it is not all clear that as a group defendants would be better off in a more ‘formal’ court system,” since the real costs to those accused of misdemeanors and lesser felonies are not the fines and prison sentences meted out by the court, but the costs incurred before the case even comes before the judge—lost wages from missed work, commissions to bail bondsmen, attorney’s fees, and wasted time. Therefore, the overriding interest of the accused is not to secure the formal trappings of the judicial process, but to minimize the time, and money, spent dealing with the court. Focusing on New Haven, Connecticut’s, lower court, Feeley found that the defense and prosecution often agreed that the pre-trial process was sufficient to “teach the defendant a lesson.” In effect, Feeley demonstrates that the informal practices of the lower courts as they are presently constituted are more “just” than they are usually given credit for being. “... a book that should be read by anyone who is interested in understanding how courts work and how the criminal sanction is administered in modern, complex societies.”— Barry Mahoney, Institute for Court Management, Denver “It is grounded in a firm grasp of theory as well as thorough field research.”—Jack B. Weinstein, U.S. District Court Judge." a feature that has long been the hallmark of good American sociology: it recreates a believable world of real men and women.”—Paul Wiles, Law & Society Review. "This book's findings are well worth the attention of the serious criminal justice student, and the analyses reveal a thoughtful, probing, and provocative intelligence....an important contribution to the debate on the role and limits of discretion in American criminal justice. It deserves to be read by all those who are interested in the outcome of the debate." —Jerome H. Skolnick, American Bar Foundation Research Journal



EU Sanctions

EU Sanctions Author Iain Cameron
ISBN-10 1780681410
Release 2013
Pages 268
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For the European Union, the famous "Kadi" cases have generated a wealth of articles dealing with the legal problems involved in EU implementation of UN Security Council sanctions. Less attention has been devoted to the numerous legal problems involved in the EU's own "autonomous" sanctions system. The subject is nevertheless topical, since there is a growing use of sanctions and the legal basis for sanctions has been changed with the Lisbon Treaty. EU sanctions are used both against regimes and against suspected terrorist financing. But these sanctions have developed "organically," without sufficient thought being given to certain basic issues (inter alia concerning procedural fairness). This has resulted in considerable litigation before the Court of Justice (CJEU). The new legal basis and the recent judgments from the CJEU have solved some difficulties, but "taking sanctions seriously" means new problems for national implementation, spanning a variety of areas: criminal law, constitutional law, international law, and European law. The essays in this book, written by distinguished scholars in their respective fields, deal with some of these issues: How should we go about measuring the impact(s) of targeted sanctions? * How coherent are these "administrative" measures of blacklisting with other existing and proposed EU measures in justice and home affairs promoting the criminal law model for dealing with the problem of terrorism (investigation, trial, conviction, and punishment/confiscation of assets)? * How can the problems caused for fair trial by the use of intelligence material be solved? * If we can (or must) continue to have sanctions in the area of terrorist financing, can they be made compatible with fundamental principles of national criminal law and criminal policy? * How does a system of "composite" decision-making (when the measure is partly national and partly at the EU level) avoid the risk that gaps arise in systems of legal protection? * What is the spillover effect of "over broad" quasi-criminal legislation directed at organizations, in the constitutional/human rights of freedom of expression and association? * How do EU sanctions fit into, and compare to, national systems for the proscription of terrorist organizations? * Should the same legal safeguards be applicable both for "regime" sanctions and anti-terrorist sanctions? (Series: Supranational Criminal Law: Capita Selecta - Vol. 15)



On Criminalization

On Criminalization Author J. Schonsheck
ISBN-10 9789401581004
Release 2013-06-29
Pages 314
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I begin by introducing the main issues of the work, and inviting their consideration; as enticement, I offer a sketch of their practical importance, and of the philosophical challenge they present. And I provide a preview of the work's organization and central argument. There is something so obvious that it is easily-and often-overlooked: the enforcing of criminal statutes is the most intrusive and coercive exercise of domestic power by a state. Forcibly preventing people from doing that which they wish to do, forcibly compelling people to do that which they do not wish to do-and wielding force merely attempting to compel or prevent-these state activities have extraordinarily serious ramifications. Indeed, no state institutions are likely to have more profound an impact on the lives of individual citizens than those of the criminal justice system. I endorse Herbert Packer's assessment: The criminal sanction is the law's ultimate threat. Being punished for a crime is different from being regulated in the public interest, or being forced to compensate another who has been injured by one's conduct, or being treated for a disease. The sanction is at once l uniquely coercive and, in the broadest sense, uniquely expensive. As a consequence, these state activities are in special need of moral warrant. Given the great potential for doing grave injustice, the power of the state embodied in the criminal justice system ought not be exercised in the absence of a complete and compelling moral justification.



Can t Catch a Break

Can t Catch a Break Author Susan Starr Sered
ISBN-10 9780520282780
Release 2014-09-12
Pages 216
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Based on five years of fieldwork in Boston, Can’t Catch a Break documents the day-to-day lives of forty women as they struggle to survive sexual abuse, violent communities, ineffective social and therapeutic programs, discriminatory local and federal policies, criminalization, incarceration, and a broad cultural consensus that views suffering as a consequence of personal flaws and bad choices. Combining hard-hitting policy analysis with an intimate account of how marginalized women navigate an unforgiving world, Susan Sered and Maureen Norton-Hawk shine new light on the deep and complex connections between suffering and social inequality.



Police Work

Police Work Author Peter K. Manning
ISBN-10 0881339539
Release 1997-01-01
Pages 372
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The author's sociological approach is based on his fieldwork--observing, interviewing, & sharing the day-to-day experiences of police in both the United States & the United Kingdom.



The idea of police

The idea of police Author Carl B. Klockars
ISBN-10 0803921780
Release 1985
Pages 160
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What is the best way to define the police? Why do we have police at all? In modern democracies like the United States and Great Britain, why is most policing done by employees of the state? What is the relationship between police and the law? What makes a good police officer? In addressing these questions, Klockars makes the reader look at the idea of police from a new perspective. First he explains how any definition of police must include the reality of coercive force--the fact that police officers everywhere have the right to "forcibly compel other people to do something." Next he describes the evolution of the police in the United States vis-a-vis the police in Great Britain. After exploring the role of the detective, he highlights the moral conflicts and issues of discretion that police officers face daily. Finally, Klockars examines what makes a good police officer. "An informative introductory resource. . . may prove valuable even to graduate students." --The Social Science Journal



Crime and Punishment in America

Crime and Punishment in America Author Elliott Currie
ISBN-10 9781250024213
Release 2013-03-26
Pages 288
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An acclaimed criminologist examines America's ongoing war against violent crime, arguing that ever-increasing rates of imprisonment have not reduced--and will not reduce--crime rates and offering a range of tested alternatives based on deterrence. Tour.



Facing the Limits of the Law

Facing the Limits of the Law Author Erik Claes
ISBN-10 9783540798569
Release 2009-04-21
Pages 533
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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.