Towards A Rational Criminal Law

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Decision Making in Criminal Justice

Author : Michael R. Gottfredson
Publisher : Springer Science & Business Media
ISBN 13 : 1475799543
Total Pages : 318 pages
Book Rating : 4.4/5 (757 download)

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Book Synopsis Decision Making in Criminal Justice by : Michael R. Gottfredson

Download or read book Decision Making in Criminal Justice written by Michael R. Gottfredson and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of decisions in the criminal justice process provides a useful focus for the examination of many fundamental aspects of criminal jus tice. These decisions are not always highly visible. They are made, or dinarily, within wide areas of discretion. The aims of the decisions are not always clear, and, indeed, the principal objectives of these decisions are often the subject of much debate. Usually they are not guided by explicit decision policies. Often the participants are unable to verbalize the basis for the selection of decision alternatives. Adequate information for the decisions is usually unavailable. Rarely can the decisions be demonstrated to be rational. By a rationaldecision we mean "that decision among those possible for the decisionmaker which, in the light of the information available, maximizes the probability of the achievement of the purpose of the decisionmaker in that specific and particular case" (Wilkins, 1974a: 70; also 1969). This definition, which stems from statistical decision theory, points to three fundamental characteristics of decisions. First, it is as sumed that a choice of possible decisions (or, more precisely, of possible alternatives) is available. If only one choice is possible, there is no de cision problem, and the question of rationality does not arise. Usually, of course, there will be a choice, even if the alternative is to decide not to decide-a choice that, of course, often has profound consequences.

Towards a Rational Legislative Evaluation in Criminal Law

Author : Adán Nieto Martín
Publisher : Springer
ISBN 13 : 3319328956
Total Pages : 386 pages
Book Rating : 4.3/5 (193 download)

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Book Synopsis Towards a Rational Legislative Evaluation in Criminal Law by : Adán Nieto Martín

Download or read book Towards a Rational Legislative Evaluation in Criminal Law written by Adán Nieto Martín and published by Springer. This book was released on 2016-08-27 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book launches a debate on the need to evaluate criminal policies and, what is more complex and ambitious, to develop an evaluation method. The contributions address topics such as the general methodology for evaluating public policy, preparing criminal statistics, and analyzing costs, cost-effectiveness and cost benefits. Additionally, the work explores the state of affairs in various countries including Spain, Sweden, USA, Germany and in the EU. It also examines issues such as the relationship between legislative evaluation and criminal principles and the constitutional courts’ control over criminal acts.

Prisoners of Politics

Author : Rachel Elise Barkow
Publisher : Belknap Press
ISBN 13 : 0674919238
Total Pages : 305 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Prisoners of Politics by : Rachel Elise Barkow

Download or read book Prisoners of Politics written by Rachel Elise Barkow and published by Belknap Press. This book was released on 2019-03-04 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: A CounterPunch Best Book of the Year A Lone Star Policy Institute Recommended Book “If you care, as I do, about disrupting the perverse politics of criminal justice, there is no better place to start than Prisoners of Politics.” —James Forman, Jr., author of Locking Up Our Own The United States has the highest rate of incarceration in the world. The social consequences of this fact—recycling people who commit crimes through an overwhelmed system and creating a growing class of permanently criminalized citizens—are devastating. A leading criminal justice reformer who has successfully rewritten sentencing guidelines, Rachel Barkow argues that we would be safer, and have fewer people in prison, if we relied more on expertise and evidence and worried less about being “tough on crime.” A groundbreaking work that is transforming our national conversation on crime and punishment, Prisoners of Politics shows how problematic it is to base criminal justice policy on the whims of the electorate and argues for an overdue shift that could upend our prison problem and make America a more equitable society. “A critically important exploration of the political dynamics that have made us one of the most punitive societies in human history. A must-read by one of our most thoughtful scholars of crime and punishment.” —Bryan Stevenson, author of Just Mercy “Barkow’s analysis suggests that it is not enough to slash police budgets if we want to ensure lasting reform. We also need to find ways to insulate the process from political winds.” —David Cole, New York Review of Books “A cogent and provocative argument about how to achieve true institutional reform and fix our broken system.” —Emily Bazelon, author of Charged

The Reasoning Criminal

Author : Derek B. Cornish
Publisher : Transaction Publishers
ISBN 13 : 1412852757
Total Pages : 271 pages
Book Rating : 4.4/5 (128 download)

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Book Synopsis The Reasoning Criminal by : Derek B. Cornish

Download or read book The Reasoning Criminal written by Derek B. Cornish and published by Transaction Publishers. This book was released on 2014-02-10 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: The assumption that rewards and punishments influence our choices between different courses of action underlies economic, sociological, psychological, and legal thinking about human action. Hence, the notion of a reasoning criminal--one who employs the same sorts of cognitive strategies when contemplating offending as they and the rest of us use when making other decisions--might seem a small contribution to crime control. This conclusion would be mistaken. This volume develops an alternative approach, termed the "rational choice perspective," to explain criminal behavior. Instead of emphasizing the differences between criminals and non-criminals, it stresses some of the similarities. In particular, while the contributors do not deny the existence of irrational and pathological components in crimes, they suggest that the rational aspects of offending should be explored. An international group of researchers in criminology, psychology, and economics provide a comprehensive review of original research on the criminal offender as a reasoning decision maker. While recognizing the crucial influence of situational factors, the rational choice perspective provides a framework within which to incorporate and locate existing theories about crime. In doing so it also provides both a new agenda for research and sheds a fresh light on deterrent and prevention policies.

Rational Choice and Situational Crime Prevention

Author : Graeme Newman
Publisher : Routledge
ISBN 13 : 1351906763
Total Pages : 261 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Rational Choice and Situational Crime Prevention by : Graeme Newman

Download or read book Rational Choice and Situational Crime Prevention written by Graeme Newman and published by Routledge. This book was released on 2016-12-05 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of original papers examining the theoretical and philosophical bases of the perspective of situational crime prevention. Among issues examined are: the status of situational crime prevention as a theory; the theoretical traditions and context of SCP; the relationship of rational choice to SCP; utilitarianism and SCP; and the ethical./policy implications of SCP.

The Future of Rational Choice for Crime Prevention

Author : Danielle M. Reynald
Publisher : Routledge
ISBN 13 : 9781138217225
Total Pages : 0 pages
Book Rating : 4.2/5 (172 download)

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Book Synopsis The Future of Rational Choice for Crime Prevention by : Danielle M. Reynald

Download or read book The Future of Rational Choice for Crime Prevention written by Danielle M. Reynald and published by Routledge. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together leading experts from psychology, criminology, sociology and economics, this book asks whether the rational choice approach exceeded its usefulness in crime prevention and considers alternative possibilities for future research.

Rational Choice and Criminal Behavior

Author : Alexis Russell Piquero
Publisher : Psychology Press
ISBN 13 : 0815336780
Total Pages : 357 pages
Book Rating : 4.8/5 (153 download)

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Book Synopsis Rational Choice and Criminal Behavior by : Alexis Russell Piquero

Download or read book Rational Choice and Criminal Behavior written by Alexis Russell Piquero and published by Psychology Press. This book was released on 2002 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work analyses the degree to which criminal behaviour represents a rational choice, answering how the criminal framework was developed, and how to apply this framework to the study of criminal behaviour

The Limits of Blame

Author : Erin I. Kelly
Publisher : Harvard University Press
ISBN 13 : 0674980778
Total Pages : 241 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis The Limits of Blame by : Erin I. Kelly

Download or read book The Limits of Blame written by Erin I. Kelly and published by Harvard University Press. This book was released on 2018-11-12 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.

Crime Opportunity Theories

Author : Mangai Natarajan
Publisher : Routledge
ISBN 13 : 1351570706
Total Pages : 616 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Crime Opportunity Theories by : Mangai Natarajan

Download or read book Crime Opportunity Theories written by Mangai Natarajan and published by Routledge. This book was released on 2017-07-05 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Opportunity theories of crime seek to explain the occurrence of crime rather than simply the existence of criminal dispositions. They emphasize the fundamental element in the criminal act of opportunity: how this arises, how it is perceived, evaluated and acted on by those with criminal dispositions. This volume brings together influential research articles on opportunity theories of crime by leading theorists such as Cohen and Felson on routine activity theory and Clarke and Cornish on the bounded rational choice perspective. The articles also include more recent theoretical developments and studies of situational crime prevention of specific twenty-first century crimes. These articles attest to the sheer volume as well to as the richness and the variety of work designed to reduce crime that has forever changed the face of criminology and criminal justice.

Locking Up Our Own

Author : James Forman, Jr.
Publisher : Farrar, Straus and Giroux
ISBN 13 : 0374712905
Total Pages : 321 pages
Book Rating : 4.3/5 (747 download)

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Book Synopsis Locking Up Our Own by : James Forman, Jr.

Download or read book Locking Up Our Own written by James Forman, Jr. and published by Farrar, Straus and Giroux. This book was released on 2017-04-18 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: WINNER OF THE PULITZER PRIZE FOR GENERAL NON-FICTON ONE OF THE NEW YORK TIMES BOOK REVIEWS' 10 BEST BOOKS LONG-LISTED FOR THE NATIONAL BOOK AWARD FINALIST, CURRENT INTEREST CATEGORY, LOS ANGELES TIMES BOOK PRIZES "Locking Up Our Own is an engaging, insightful, and provocative reexamination of over-incarceration in the black community. James Forman Jr. carefully exposes the complexities of crime, criminal justice, and race. What he illuminates should not be ignored." —Bryan Stevenson, author of Just Mercy and founder of the Equal Justice Initiative "A beautiful book, written so well, that gives us the origins and consequences of where we are . . . I can see why [the Pulitzer prize] was awarded." —Trevor Noah, The Daily Show Former public defender James Forman, Jr. is a leading critic of mass incarceration and its disproportionate impact on people of color. In Locking Up Our Own, he seeks to understand the war on crime that began in the 1970s and why it was supported by many African American leaders in the nation’s urban centers. Forman shows us that the first substantial cohort of black mayors, judges, and police chiefs took office amid a surge in crime and drug addiction. Many prominent black officials, including Washington, D.C. mayor Marion Barry and federal prosecutor Eric Holder, feared that the gains of the civil rights movement were being undermined by lawlessness—and thus embraced tough-on-crime measures, including longer sentences and aggressive police tactics. In the face of skyrocketing murder rates and the proliferation of open-air drug markets, they believed they had no choice. But the policies they adopted would have devastating consequences for residents of poor black neighborhoods. A former D.C. public defender, Forman tells riveting stories of politicians, community activists, police officers, defendants, and crime victims. He writes with compassion about individuals trapped in terrible dilemmas—from the men and women he represented in court to officials struggling to respond to a public safety emergency. Locking Up Our Own enriches our understanding of why our society became so punitive and offers important lessons to anyone concerned about the future of race and the criminal justice system in this country.

Criminology Goes to the Movies

Author : Nicole Hahn Rafter
Publisher : NYU Press
ISBN 13 : 0814745296
Total Pages : 241 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Criminology Goes to the Movies by : Nicole Hahn Rafter

Download or read book Criminology Goes to the Movies written by Nicole Hahn Rafter and published by NYU Press. This book was released on 2011 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a look at classics like Psycho and Double Indemnity to recent films like Traffic and Thelma & Louise, Nicole Rafter and Michelle Brown show that criminological theory is produced not only in the academy, through scholarly research, but also in popular culture, through film. Criminology Goes to the Movies connects with ways in which students are already thinking criminologically through engagements with popular culture, encouraging them to use the everyday world as a vehicle for theorizing and understanding both crime and perceptions of criminality. The first work to bring a systematic and sophisticated criminological perspective to bear on crime films, Rafter and Brown's book provides a fresh way of looking at cinema, using the concepts and analytical tools of criminology to uncover previously unnoticed meanings in film, ultimately making the study of criminological theory more engaging and effective for students while simultaneously demonstrating how theories of crime circulate in our mass-mediated worlds. The result is an illuminating new way of seeing movies and a delightful way of learning about criminology.

Overcriminalization

Author : Douglas Husak
Publisher : Oxford University Press
ISBN 13 : 0198043996
Total Pages : 244 pages
Book Rating : 4.1/5 (98 download)

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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 244 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.

Criminal Law-Making

Author : José Becerra
Publisher : Springer Nature
ISBN 13 : 3030713482
Total Pages : 233 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Criminal Law-Making by : José Becerra

Download or read book Criminal Law-Making written by José Becerra and published by Springer Nature. This book was released on 2021-05-29 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law. This new legislation science focusing on criminal problems has triggered a growing interest in the field, a dynamic which has led to a long-needed convergence of disciplines such as administrative law, criminal law, criminology, political science, sociology and, of course, legal philosophy to contribute to a more rational decision-making process for the construct of criminal laws. With the intention to continue on with the building of a solid “Criminal Legislation Science”, this work presents scholars, lawmakers and students various emblematic approaches to enrich the discussion about different and promising tools and theoretical frameworks.

Crime, Shame and Reintegration

Author : John Braithwaite
Publisher : Cambridge University Press
ISBN 13 : 9780521356688
Total Pages : 242 pages
Book Rating : 4.3/5 (566 download)

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Book Synopsis Crime, Shame and Reintegration by : John Braithwaite

Download or read book Crime, Shame and Reintegration written by John Braithwaite and published by Cambridge University Press. This book was released on 1989-03-23 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.

Responsibility and Psychopathy

Author : Luca Malatesti
Publisher : Oxford University Press
ISBN 13 : 0199551634
Total Pages : 341 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Responsibility and Psychopathy by : Luca Malatesti

Download or read book Responsibility and Psychopathy written by Luca Malatesti and published by Oxford University Press. This book was released on 2010-08-19 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: The discussion of whether psychopaths are morally responsible for their behaviour has long taken place in philosophy. In recent years this has moved into scientific and psychiatric investigation. Responsibility and Psychopathy discusses this subject from both the philosophical and scientific disciplines, as well as a legal perspective.

The Oxford Handbook of Offender Decision Making

Author : Wim Bernasco
Publisher : Oxford University Press
ISBN 13 : 0190674741
Total Pages : 777 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of Offender Decision Making by : Wim Bernasco

Download or read book The Oxford Handbook of Offender Decision Making written by Wim Bernasco and published by Oxford University Press. This book was released on 2017-05-08 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the issue of offender decision-making pervades almost every discussion of crime and law enforcement, only a few comprehensive texts cover and integrate information about the role of decision-making in crime. The Oxford Handbook of Offender Decision Making provide high-quality reviews of the main paradigms in offender decision-making, such as rational choice theory and dual-process theory. It contains up-to-date reviews of empirical research on decision-making in a wide range of decision types including not only criminal initiation and desistance, but also choice of locations, times, targets, victims, methods as well as large variety crimes including homicide, robbery, domestic violence, burglary, street crime, sexual crimes, and cybercrime. Lastly, it provides in-depth treatments of the major methods used to study offender decision-making, including experiments, observation studies, surveys, offender interviews, and simulations. Comprehensive and authoritative, the Handbook will quickly become the primary source of theoretical, methodological, and empirical knowledge about decision-making as it relates to criminal behavior.

Routine Activity and Rational Choice

Author : Ronald V. Clarke
Publisher : Routledge
ISBN 13 : 1351492543
Total Pages : 432 pages
Book Rating : 4.3/5 (514 download)

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Book Synopsis Routine Activity and Rational Choice by : Ronald V. Clarke

Download or read book Routine Activity and Rational Choice written by Ronald V. Clarke and published by Routledge. This book was released on 2017-10-23 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two new criminological approaches are defined and applied to categories of crime in Routine Activity and Rational Choice, now available in paperback. Routine activity analyzes the criminal event, and avoids motivations and psychology as topics for discussion, whereas rational choice approaches crime as purposive behavior designed to meet the offender's commonplace needs, such as money, status, sex, and excitement. These conceptual models are both employed to analyze such crimes as drunk driving, gun use, kidnapping, and political violence. This volume discusses the relationship of these theories to more traditional approaches to crime studies.The Advances in Criminological Theory series encourages theory construction and validation in the articles and themes selected for publication. It also furthers the free exchange of ideas, propositions, and postulates. Following publication of the first volume, Michael J. Lynch of Florida State University asserted that "Advances in Criminological Theory is to be applauded as an attempt to revive criminological theory by providing an accessible outlet." Contributions to this volume include: Pierre Tremblay, "Searching for Suitable Co-offenders"; Raymond Paternoster and Sally Simpson, "A Rational Choice Theory of Corporate Crime"; Richard B. Felson, "Predatory and Dispute-related Violence"; Gordon Trasler, "Conscience, Opportunity, Rational Choice, and Crime"; Ezzat A. Fattah, "The Rational Choice/Opportunity Perspectives as a Vehicle for Integrating Criminological and Victimological Theories"; Patricia L. Brantingham and Paul J. Brantingham, "Environment, Routine, and Situation"; Maurice Cusson, "A Strategic Analysis of Crime"; Richard W. Harding, "Gun Use in Crime, Rational Choice, and Social Learning Theory."