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The Dual Penal State
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Book Synopsis The Dual Penal State by : Markus D. Dubber
Download or read book The Dual Penal State written by Markus D. Dubber and published by Oxford University Press. This book was released on 2018-08-23 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century's systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.
Book Synopsis The Dual Penal State by : Markus Dirk Dubber
Download or read book The Dual Penal State written by Markus Dirk Dubber and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides an accessible introduction to the theoretical frameworks of the dual penal state. Taking an issue-led approach, the study locates criminal law in its analytic, comparative, historical, and doctrinal contexts, and aims to stimulate critical reflection beyond the constraints of a particular jurisdiction.
Book Synopsis The Dual Penal State by : Markus D. Dubber
Download or read book The Dual Penal State written by Markus D. Dubber and published by Oxford University Press. This book was released on 2018-09-04 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century's systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.
Book Synopsis An Introduction to the Model Penal Code by : Markus Dirk Dubber
Download or read book An Introduction to the Model Penal Code written by Markus Dirk Dubber and published by Oxford University Press, USA. This book was released on 2015 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the second edition of his introductory overview of the Model Penal Code (now titled 'An Introduction to the Model Penal Code'), Markus Dubber retains the book's original aim, approach, and structure as a companion to the Code. Reflecting the Code's attempt to present an accessible, comprehensive, and systematic account of American criminal law, this book unlocks the Code's potential as a key to American criminal law for law students and teachers, and for anyone else with an interest in getting a sense of the basic contours of American criminal law.
Book Synopsis The Oxford Handbook of Criminal Process by : Darryl K. Brown
Download or read book The Oxford Handbook of Criminal Process written by Darryl K. Brown and published by Oxford University Press. This book was released on 2019-02-22 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
Download or read book Prison State written by Bert Useem and published by Cambridge University Press. This book was released on 2008-03-10 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the past 25 years, the prison population in America shot upward to reach a staggering 1.53 million by 2005. This book takes a broad, critical look at incarceration, the huge social experiment of American society. The authors investigate the causes and consequences of the prison buildup, often challenging previously held notions from scholarly and public discourse. By examining such themes as social discontent, safety and security within prisons, and impact on crime and on the labor market, Piehl and Useem use evidence to address the inevitable larger question, where should incarceration go next for American society, and where is it likely to go?
Book Synopsis The School-to-Prison Pipeline by : Nancy A. Heitzeg
Download or read book The School-to-Prison Pipeline written by Nancy A. Heitzeg and published by Bloomsbury Publishing USA. This book was released on 2016-04-11 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a research and comparison-driven look at the school-to-prison pipeline, its racial dynamics, the connections to mass incarceration, and our flawed educational climate—and suggests practical remedies for change. How is racism perpetuated by the education system, particularly via the "school-to-prison pipeline?" How is the school to prison pipeline intrinsically connected to the larger context of the prison industrial complex as well as the extensive and ongoing criminalization of youth of color? This book uniquely describes the system of policies and practices that racialize criminalization by routing youth of color out of school and towards prison via the school-to-prison pipeline while simultaneously medicalizing white youth for comparable behaviors. This work is the first to consider and link all of the research and data from a sociological perspective, using this information to locate racism in our educational systems; describe the rise of the so-called prison industrial complex; spotlight the concomitant expansion of the "medical-industrial complex" as an alternative for controlling the white and well-off, both adult and juveniles; and explore the significance of media in furthering the white racial frame that typically views people of color as "criminals" as an automatic response. The author also examines the racial dynamics of the school to prison pipeline as documented by rates of suspension, expulsion, and referrals to legal systems and sheds light on the comparative dynamics of the related educational social control of white and middle-class youth in the larger context of society as a whole.
Book Synopsis Overcriminalization by : Douglas Husak
Download or read book Overcriminalization written by Douglas Husak and published by Oxford University Press. This book was released on 2008-01-08 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.
Book Synopsis Criminal Law, Procedure, and Evidence by : Walter P. Signorelli
Download or read book Criminal Law, Procedure, and Evidence written by Walter P. Signorelli and published by Taylor & Francis. This book was released on 2023-10-12 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system.
Book Synopsis Punishment and Welfare by : David Garland
Download or read book Punishment and Welfare written by David Garland and published by Quid Pro Books. This book was released on 2018-01-30 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1985, this classic of law and society scholarship continues to shape the research agenda of today’s sociology of punishment. It is now republished with a new Preface by the author. Punishment and Welfare explores the relation of punishment to politics, the historical formation and development of criminology, and the way in which penal reform grew out of the complex set of political projects that founded the modern welfare state. Its analyses powerfully illuminate many of the central problems of contemporary penal and welfare policy, showing how these problems grew out of political struggles and theoretical debates that occurred in the first years of the 20th century. In conducting this investigation, David Garland developed a method of research which combines detailed historical and textual analysis with a broader sociological vision, thereby synthesizing two forms of analysis that are more often developed in isolation. The resulting genealogy will interest everyone who works in this field. “… a brilliant book … the main arguments of Punishment and Welfare are undoubtedly some of the most tenacious and exciting to emerge from the field of criminology in many years.” — Piers Bierne, Contemporary Sociology “… one of the most important pieces of work ever to emerge in British criminology. It is a study of depth, subtlety and complexity … Garland’s integration of close historical details with a broader sociological vision provides a model methodology….” — Stan Cohen, British Journal of Criminology “This study shows how early 20th-century penal policy was a function of the nation’s social welfare practices. Garland’s theory is as applicable to the 21st century as it is to that earlier era: A tour de force.” — Malcolm Feeley, University of California–Berkeley
Book Synopsis Justice As Message by : Carsten Stahn
Download or read book Justice As Message written by Carsten Stahn and published by Oxford University Press, USA. This book was released on 2020-05-28 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as 'spectacles of didactic legality'. However, the expressive and communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way. Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the justification of punishment, its articulation in practice, and its broader role as method of international law. He shows that expression and communication is not only an inherent part of the punitive functions of international criminal justice, but is represented in a whole spectrum of practices: norm expression and diffusion, institutional actions, performative aspects of criminal procedures, and repair of harm. He argues that expressivism is not a classical justification of justice or punishment on its own, but rather a means to understand its aspirations and limitations, to explain how justice is produced and to ground punishment rationales. This book is an invitation to think beyond the confines of the legal discipline, and to engage with the multidisciplinary foundations and possibilities of the international criminal justice project.
Book Synopsis Punishment, Participatory Democracy, and the Jury by : Albert W. Dzur
Download or read book Punishment, Participatory Democracy, and the Jury written by Albert W. Dzur and published by Oxford University Press. This book was released on 2012-09-13 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing democratic theory on the pressing issue of punishment, this book argues for participatory institutional designs as antidotes to the American penal state.
Book Synopsis Penal Philosophy by : Gabriel de Tarde
Download or read book Penal Philosophy written by Gabriel de Tarde and published by . This book was released on 1912 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Deviant Prison by : Ashley T. Rubin
Download or read book The Deviant Prison written by Ashley T. Rubin and published by Cambridge University Press. This book was released on 2021-02-04 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Early nineteenth-century American prisons followed one of two dominant models: the Auburn system, in which prisoners performed factory-style labor by day and were placed in solitary confinement at night, and the Pennsylvania system, where prisoners faced 24-hour solitary confinement for the duration of their sentences. By the close of the Civil War, the majority of prisons in the United States had adopted the Auburn system - the only exception was Philadelphia's Eastern State Penitentiary, making it the subject of much criticism and a fascinating outlier. Using the Eastern State Penitentiary as a case study, The Deviant Prison brings to light anxieties and other challenges of nineteenth-century prison administration that helped embed our prison system as we know it today. Drawing on organizational theory and providing a rich account of prison life, the institution, and key actors, Ashley T. Rubin examines why Eastern's administrators clung to what was increasingly viewed as an outdated and inhuman model of prison - and what their commitment tells us about penal reform in an era when prisons were still new and carefully scrutinized.
Download or read book Prison Nation written by Paul Wright and published by Routledge. This book was released on 2013-10-23 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
Book Synopsis Command and Persuade by : Peter Baldwin
Download or read book Command and Persuade written by Peter Baldwin and published by MIT Press. This book was released on 2023-05-02 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? Levels of violent crime have been in a steady decline for centuries--for millennia, even. Over the past five hundred years, homicide rates have decreased a hundred-fold. We live in a time that is more orderly and peaceful than ever before in human history. Why, then, does fear of crime dominate modern politics? Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? In Command and Persuade, Peter Baldwin examines the evolution of the state's role in crime and punishment over three thousand years. Baldwin explains that the involvement of the state in law enforcement and crime prevention is relatively recent. In ancient Greece, those struck by lightning were assumed to have been punished by Zeus. In the Hebrew Bible, God was judge, jury, and prosecutor when Cain killed Abel. As the state’s power as lawgiver grew, more laws governed behavior than ever before; the sum total of prohibited behavior has grown continuously. At the same time, as family, community, and church exerted their influences, we have become better behaved and more law-abiding. Even as the state stands as the socializer of last resort, it also defines through law the terrain on which we are schooled into acceptable behavior.
Book Synopsis SOU-CCJ230 Introduction to the American Criminal Justice System by : Alison Burke
Download or read book SOU-CCJ230 Introduction to the American Criminal Justice System written by Alison Burke and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
