Author : Austin Sarat
Publisher : NYU Press
Page : 316 pages
File Size : 48,23 MB
Release : 2015-06-05
Category : Law
ISBN : 1479861952
Resource added for the Criminal Justice – Law Enforcement 105046 and Professional Studies 105045 programs.
Author : Jesper Ryberg
Publisher :
Page : 273 pages
File Size : 38,63 MB
Release : 2014
Category : Law
ISBN : 0199941378
Should public opinion determine--or even influence--sentencing policy and practice? Should the punishment of criminal offenders reflect what the public regards as appropriate? These deceptively simple questions conceal complex theoretical and methodological challenges to the administration of punishment. In the West, politicians have often answered these questions in the affirmative; penal reforms have been justified with direct reference to the attitudes of the public. This is why the contention that politicians should bridge the gap between the public and criminal justice practice has widespread resonance. Criminal law scholars, for their part, have often been more reluctant to accept public input in penal practice, and some have even held that the idea of consulting public opinion constitutes a populist approach to punishment. The purpose of this book is to examine the moral significance of public opinion for penal theory and practice. For the first time in a single volume the editors, Jesper Ryberg and Julian V. Roberts, have assembled a number of respected criminologists, philosophers, and legal theorists to address the various aspects of why and how public opinion should be reflected in the way the criminal justice system deals with criminals. The chapters address the myriad complexities surrounding this issue by first weighing the justifications for incorporating public views into punishment practices and then considering the various ways this might be achieved through juries, prosecutors, restorative justice programs, and other means.
Author : Jesper Ryberg
Publisher : Oxford University Press
Page : 273 pages
File Size : 50,75 MB
Release : 2014-05-15
Category : Law
ISBN : 0199941386
Should public opinion determine--or even influence--sentencing policy and practice? Should the punishment of criminal offenders reflect what the public regards as appropriate? These deceptively simple questions conceal complex theoretical and methodological challenges to the administration of punishment. In the West, politicians have often answered these questions in the affirmative; penal reforms have been justified with direct reference to the attitudes of the public. This is why the contention that politicians should bridge the gap between the public and criminal justice practice has widespread resonance. Criminal law scholars, for their part, have often been more reluctant to accept public input in penal practice, and some have even held that the idea of consulting public opinion constitutes a populist approach to punishment. The purpose of this book is to examine the moral significance of public opinion for penal theory and practice. For the first time in a single volume the editors, Jesper Ryberg and Julian V. Roberts, have assembled a number of respected criminologists, philosophers, and legal theorists to address the various aspects of why and how public opinion should be reflected in the way the criminal justice system deals with criminals. The chapters address the myriad complexities surrounding this issue by first weighing the justifications for incorporating public views into punishment practices and then considering the various ways this might be achieved through juries, prosecutors, restorative justice programs, and other means.
Author : Lily L. Tsai
Publisher : Cambridge University Press
Page : 291 pages
File Size : 49,8 MB
Release : 2021-08-12
Category : Political Science
ISBN : 1108897673
Against the backdrop of rising populism around the world and democratic backsliding in countries with robust, multiparty elections, this book asks why ordinary people favor authoritarian leaders. Much of the existing scholarship on illiberal regimes and authoritarian durability focuses on institutional explanations, but Tsai argues that, to better understand these issues, we need to examine public opinion and citizens' concerns about retributive justice. Government authorities uphold retributive justice - and are viewed by citizens as fair and committed to public good - when they affirm society's basic values by punishing wrongdoers who act against these values. Tsai argues that the production of retributive justice and moral order is a central function of the state and an important component of state building. Drawing on rich empirical evidence from in-depth fieldwork, original surveys, and innovative experiments, the book provides a new framework for understanding authoritarian resilience and democratic fragility.
Author : Alison Burke
Publisher :
Page : pages
File Size : 17,87 MB
Release : 2019
Category :
ISBN : 9781636350684
Author : Elizabeth T. Gershoff
Publisher : Springer
Page : 125 pages
File Size : 48,73 MB
Release : 2015-01-27
Category : Psychology
ISBN : 3319148184
This Brief reviews the past, present, and future use of school corporal punishment in the United States, a practice that remains legal in 19 states as it is constitutionally permitted according to the U.S. Supreme Court. As a result of school corporal punishment, nearly 200,000 children are paddled in schools each year. Most Americans are unaware of this fact or the physical injuries sustained by countless school children who are hit with objects by school personnel in the name of discipline. Therefore, Corporal Punishment in U.S. Public Schools begins by summarizing the legal basis for school corporal punishment and trends in Americans’ attitudes about it. It then presents trends in the use of school corporal punishment in the United States over time to establish its past and current prevalence. It then discusses what is known about the effects of school corporal punishment on children, though with so little research on this topic, much of the relevant literature is focused on parents’ use of corporal punishment with their children. It also provides results from a policy analysis that examines the effect of state-level school corporal punishment bans on trends in juvenile crime. It concludes by discussing potential legal, policy, and advocacy avenues for abolition of school corporal punishment at the state and federal levels as well as summarizing how school corporal punishment is being used and what its potential implications are for thousands of individual students and for the society at large. As school corporal punishment becomes more and more regulated at the state level, Corporal Punishment in U.S. Public Schools serves an essential guide for policymakers and advocates across the country as well as for researchers, scientist-practitioners, and graduate students.
Author : Michel Foucault
Publisher : Vintage
Page : 354 pages
File Size : 28,58 MB
Release : 2012-04-18
Category : Social Science
ISBN : 0307819299
A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.
Author : Cesare Beccaria
Publisher : The Lawbook Exchange, Ltd.
Page : 274 pages
File Size : 37,93 MB
Release : 2006
Category : Criminal justice, Administration of
ISBN : 1584776382
Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
Author : Henry Kamerling
Publisher : University of Virginia Press
Page : 360 pages
File Size : 42,60 MB
Release : 2017-11-28
Category : History
ISBN : 0813940567
Both in the popular imagination and in academic discourse, North and South are presented as fundamentally divergent penal systems in the aftermath of the Civil War, a difference mapped onto larger perceived cultural disparities between the two regions. The South’s post Civil War embrace of chain gangs and convict leasing occupies such a prominent position in the nation’s imagination that it has come to represent one of the region’s hallmark differences from the North. The regions are different, the argument goes, because they punish differently. Capital and Convict challenges this assumption by offering a comparative study of Illinois’s and South Carolina’s formal state penal systems in the fifty years after the Civil War. Henry Kamerling argues that although punishment was racially inflected both during Reconstruction and after, shared, nonracial factors defined both states' penal systems throughout this period. The similarities in the lived experiences of inmates in both states suggest that the popular focus on the racial characteristics of southern punishment has shielded us from an examination of important underlying factors that prove just as central—if not more so—in shaping the realities of crime and punishment throughout the United States.
Author : John Cyril Barton
Publisher : JHU Press
Page : 345 pages
File Size : 32,22 MB
Release : 2014-07-15
Category : Law
ISBN : 1421413329
"In Literary Executions, John Barton analyzes nineteenth-century representations of, responses to, and arguments for and against the death penalty in the United States. The author creates a generative dialogue between artistic relics and legal history. Novels, short stories, poems, and creative nonfiction engage with legislative reports, trial transcripts, legal documents, newspaper and journal articles, treatises, and popular books (like The Record of Crimes and The Gallows, the Prison, and the Poor House), all of which participated in the debate over capital punishment. Barton focuses on several canonical figures--James Fenimore Cooper, Nathaniel Hawthorne, Lydia Maria Child, Walt Whitman, Herman Melville, and Theodore Dreiser--and offers new readings of their work in light of the death penalty controversy. Barton also gives close attention to a host of then-popular-but-now-forgotten writers--particularly John Neal, Slidell MacKenzie, William Gilmore Simms, Sylvester Judd, and George Lippard--whose work helped shape or was in turn shaped by the influential anti-gallows movement. As illustrated in the book's epigraph by Samuel Johnson -- "Depend upon it Sir, when a man knows he is to be hanged in a fortnight, it concentrates his mind wonderfully" -- Barton argues that the high stakes of capital punishment dramatize the confrontation between the citizen-subject and sovereign authority. In bringing together the social and the aesthetic, Barton traces the emergence of the modern State's administration of lawful death. The book is intended primarily for literary scholars, but cultural and legal historians will also find value in it, as will anyone interested in the intersections among law, culture, and the humanities"--
