Why Criminalize

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Why Criminalize?

Author : Thomas Søbirk Petersen
Publisher : Springer Nature
ISBN 13 : 3030346900
Total Pages : 157 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Why Criminalize? by : Thomas Søbirk Petersen

Download or read book Why Criminalize? written by Thomas Søbirk Petersen and published by Springer Nature. This book was released on 2019-11-28 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book defines and critically discusses the following five principles: the harm principle, legal paternalism, the offense principle, legal moralism and the dignity principle of criminalization. The book argues that all five principles raise important problems that point to rejections (or at least a rethink) of standard principles of criminalization. The book shows that one of the reasons why we should reject or revise standard principles of criminalization is that even the most plausible versions of the harm principle and legal paternalism that have been offered so far are rendered redundant by general moral theories. Furthermore, it demonstrates that the other three principles (or versions thereof), the offense principle, legal moralism and the dignity principle of criminalization, can either be covered by the harm principle, thus making these principles also redundant, or be seen to have what look like other unacceptable implications (e.g. that versions of legal moralism are based on speculative and incorrect empirical assumptions or violate what is called the criminological levelling-down challenge). As such, there is reason to move beyond traditional principles of criminalization, and instead to investigate alternative principles the state should be guided by when attempting to justify which kinds of conduct should be criminalized. Moreover, this book presents and defends such a principle – the utilitarian principle of criminalization.

The Rage of Innocence

Author : Kristin Henning
Publisher : Vintage
ISBN 13 : 1524748919
Total Pages : 513 pages
Book Rating : 4.5/5 (247 download)

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Book Synopsis The Rage of Innocence by : Kristin Henning

Download or read book The Rage of Innocence written by Kristin Henning and published by Vintage. This book was released on 2021-09-28 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant analysis of the foundations of racist policing in America: the day-to-day brutalities, largely hidden from public view, endured by Black youth growing up under constant police surveillance and the persistent threat of physical and psychological abuse "Storytelling that can make people understand the racial inequities of the legal system, and...restore the humanity this system has cruelly stripped from its victims.” —New York Times Book Review Drawing upon twenty-five years of experience representing Black youth in Washington, D.C.’s juvenile courts, Kristin Henning confronts America’s irrational, manufactured fears of these young people and makes a powerfully compelling case that the crisis in racist American policing begins with its relationship to Black children. Henning explains how discriminatory and aggressive policing has socialized a generation of Black teenagers to fear, resent, and resist the police, and she details the long-term consequences of racism that they experience at the hands of the police and their vigilante surrogates. She makes clear that unlike White youth, who are afforded the freedom to test boundaries, experiment with sex and drugs, and figure out who they are and who they want to be, Black youth are seen as a threat to White America and are denied healthy adolescent development. She examines the criminalization of Black adolescent play and sexuality, and of Black fashion, hair, and music. She limns the effects of police presence in schools and the depth of police-induced trauma in Black adolescents. Especially in the wake of the recent unprecedented, worldwide outrage at racial injustice and inequality, The Rage of Innocence is an essential book for our moment.

Punishment Without Crime

Author : Alexandra Natapoff
Publisher : Basic Books
ISBN 13 : 0465093809
Total Pages : 320 pages
Book Rating : 4.4/5 (65 download)

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Book Synopsis Punishment Without Crime by : Alexandra Natapoff

Download or read book Punishment Without Crime written by Alexandra Natapoff and published by Basic Books. This book was released on 2018-12-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018

Punished

Author : Victor M.. Rios
Publisher : NYU Press
ISBN 13 : 081477637X
Total Pages : 236 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Punished by : Victor M.. Rios

Download or read book Punished written by Victor M.. Rios and published by NYU Press. This book was released on 2011 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Criminalizing Sex

Author : Stuart P. Green
Publisher :
ISBN 13 : 0197507484
Total Pages : 409 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Criminalizing Sex by : Stuart P. Green

Download or read book Criminalizing Sex written by Stuart P. Green and published by . This book was released on 2020 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the late 20th century, the law of sexual offenses began to reflect a striking divergence. On the one hand, it became significantly more punitive in its approach to nonconsensual sexual conduct, as in the case of rape and sexual assault. On the other hand, it became more permissive in how it dealt with putatively consensual sex, such as sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence. In doing so, it assumes that the proper role of criminal law in a liberal state is to protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private, consensual) sexual conduct in which they do wish to participate. Although consistent in the abstract, these dual aims frequently come into conflict in practice, as is explored in the context of a wide range of offenses.

The Legalization of Drugs

Author : Doug Husak
Publisher : Cambridge University Press
ISBN 13 : 1139445855
Total Pages : 220 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Legalization of Drugs by : Doug Husak

Download or read book The Legalization of Drugs written by Doug Husak and published by Cambridge University Press. This book was released on 2005-08-29 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States today, the use or possession of many drugs is a criminal offense. Can these criminal laws be justified? What are the best reasons to punish or not to punish drug users? These are the fundamental issues debated in this book by two prominent philosophers of law. Douglas Husak argues in favor of drug decriminalization, by clarifying the meaning of crucial terms, such as legalize, decriminalize, and drugs; and by identifying the standards by which alternative drug policies should be assessed. He critically examines the reasons typically offered in favor of our current approach and explains why decriminalization is preferable. Peter de Marneffe argues against drug legalization, demonstrating why drug prohibition, especially the prohibition of heroin, is necessary to protect young people from self-destructive drug use. If the empirical assumptions of this argument are sound, he reasons, drug prohibition is perfectly compatible with our rights to liberty.

The Boundaries of the Criminal Law

Author : R.A. Duff
Publisher : Oxford University Press
ISBN 13 : 0199600554
Total Pages : 278 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Boundaries of the Criminal Law by : R.A. Duff

Download or read book The Boundaries of the Criminal Law written by R.A. Duff and published by Oxford University Press. This book was released on 2010-11-11 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book of a series on criminalization - examining the principles and goals that should guide what kinds of conduct are to be criminalized, and the forms that criminalization should take. The first volume studies the scope and boundaries of the criminal law - asking what principled limits might be placed on criminalizing behaviour.

Congress and Crime

Author : Joseph F. Zimmerman
Publisher : Lexington Books
ISBN 13 : 0739198076
Total Pages : 177 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis Congress and Crime by : Joseph F. Zimmerman

Download or read book Congress and Crime written by Joseph F. Zimmerman and published by Lexington Books. This book was released on 2014-08-06 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress in the latter part of the nineteenth century decided to enact a series of statutes facilitating state enforcement of their respective criminal laws. Subsequently, Congress enacted statutes federalizing what had been solely state crimes, thereby establishing federal court and state court concurrent jurisdiction over these crimes. Federalization of state crimes has been criticized by numerous scholars, U.S. Supreme Court justices, and national organizations. Such federalization has congested the calendars of the U.S. District Court and the U.S. Court of Appeals leading to delays in civil cases because of the Speedy TrialAct that vacates a criminal indictment if a trial is not commenced within a specific number of days, resulted in over-crowded U.S. penitentiaries, and raises the issue of double jeopardy that is prohibited by the Fifth Amendment to the U.S. Constitution and the constitution of each state. This book examines the impact of federalization of state crime and draws conclusions regarding its desirability. It also offers recommendations directed to Congress and the President, one recommendation direct to state legislatures for remedial actions to reduce the undesirable effects of federalized state crimes, and one recommendation that Congress and all states enter into a federal-interstate criminal suppression compact.

Crime Control As Industry

Author : Nils Christie
Publisher : Routledge
ISBN 13 : 1315512033
Total Pages : 174 pages
Book Rating : 4.3/5 (155 download)

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Book Synopsis Crime Control As Industry by : Nils Christie

Download or read book Crime Control As Industry written by Nils Christie and published by Routledge. This book was released on 2016-10-04 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime Control As Industry, translated into many languages, is a modern classic of criminology and sociology. Nils Christie, one of the leading criminologists of his era, argues that crime control, rather than crime itself is the real danger for our future. Prison populations, especially in Russia and America, have grown at an increasingly rapid rate and show no signs of slowing. Christie argues that this vast and growing population is the equivalent of a modern gulag, run by a rapacious industry, both public and private, with vested interests in incarceration. Pain and confinement are products, like any other, with a potentially limitless supply of resources. Widely hailed as a classic account of crime and restorative justice Crime Control As Industry's prophetic insights and proposed solutions are essential reading for anyone interested in crime and the global penal system. This Routledge Classics edition includes a new foreword by David Garland.

The Structures of The Criminal Law

Author : R. A. Duff
Publisher : Oxford University Press
ISBN 13 : 0199644314
Total Pages : 244 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Structures of The Criminal Law by : R. A. Duff

Download or read book The Structures of The Criminal Law written by R. A. Duff and published by Oxford University Press. This book was released on 2011 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is concerned with three structures of criminal law: the internal structure of the law itself; the place of criminal law within the larger structure of law; and the relationships between legal, social and political structures.

Violent Crime Control and Law Enforcement Act of 1994

Author : United States
Publisher :
ISBN 13 :
Total Pages : 356 pages
Book Rating : 4.3/5 (121 download)

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Book Synopsis Violent Crime Control and Law Enforcement Act of 1994 by : United States

Download or read book Violent Crime Control and Law Enforcement Act of 1994 written by United States and published by . This book was released on 1994 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Criminalizing Atrocity

Author : Mark S. Berlin
Publisher :
ISBN 13 : 0198850441
Total Pages : 267 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Criminalizing Atrocity by : Mark S. Berlin

Download or read book Criminalizing Atrocity written by Mark S. Berlin and published by . This book was released on 2020 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to systematically examine why countries adopt laws criminalizing genocide, war crimes, and crimes against humanity.

Mental Disorder and Crime

Author : Sheilagh Hodgins
Publisher : SAGE Publications, Incorporated
ISBN 13 : 9780803950238
Total Pages : 400 pages
Book Rating : 4.9/5 (52 download)

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Book Synopsis Mental Disorder and Crime by : Sheilagh Hodgins

Download or read book Mental Disorder and Crime written by Sheilagh Hodgins and published by SAGE Publications, Incorporated. This book was released on 1992-12-29 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contributors to this volume present and discuss new data which suggest that major mental disorder substantially increases the risk of violent crime. These findings come at a crucial time, since those who suffer from mental disorders are increasingly living in the community, rather than in institutions. The book describes the magnitude and complexity of the problem and offers hope that humane, effective intervention can prevent violent crime being committed by the seriously mentally disordered.

Crimes, Harms, and Wrongs

Author : A P Simester
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317774
Total Pages : 238 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Crimes, Harms, and Wrongs by : A P Simester

Download or read book Crimes, Harms, and Wrongs written by A P Simester and published by Bloomsbury Publishing. This book was released on 2011-06-24 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: When should we make use of the criminal law? Crimes, Harms, and Wrongs offers a philosophical analysis of the nature and ethical limits of criminalisation. The authors explore the scope of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm, developing guiding principles for these various grounds of state prohibition. Both authors have written extensively in the field. They have produced an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike. 'this elegant, closely argued and convincing book is of great value and can be expected to be of lasting influence.' James Chalmers 'Crimes, Harms, and Wrongs . . . is a welcome addition to this field, and should clarify the reader's thinking on a breathtakingly broad range of issues. . . . This is an important book, and [its] consideration of not only Anglo-American theory and law, but also German legal doctrines and writings on criminalisation, should ensure that this debate reaches new heights in the future.' Findlay Stark 'the result of [the authors'] many decades of thought and writing on this fundamental subject is an integrated, accessible, philosophically sophisticated discussion of this subject.' Justice Gilles Renaud 'A.P. Simester and Andreas von Hirsch present an informed and systematic account of the principles that, in their view, should structure decisions about what to criminalize, and when.' Vincent Chiao 'an outstanding work, original in many respects and meticulous in its arguments. It represents the greatest advance on this subject since Feinberg's four volumes . . . an outstanding contribution to the re-invigorated criminalization debate.' Andrew Ashworth 'important, original, interesting, and often ingenious. Unlike some recent competitive books it has the virtue of making sound arguments. And like everything else the authors have written, it is a joy to read ...This is an absolutely wonderful book.' Douglas Husak

The Growth of Incarceration in the United States

Author : Committee on Causes and Consequences of High Rates of Incarceration
Publisher : National Academies Press
ISBN 13 : 9780309298018
Total Pages : 800 pages
Book Rating : 4.2/5 (98 download)

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Book Synopsis The Growth of Incarceration in the United States by : Committee on Causes and Consequences of High Rates of Incarceration

Download or read book The Growth of Incarceration in the United States written by Committee on Causes and Consequences of High Rates of Incarceration and published by National Academies Press. This book was released on 2014-12-31 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: After decades of stability from the 1920s to the early 1970s, the rate of imprisonment in the United States has increased fivefold during the last four decades. The U.S. penal population of 2.2 million adults is by far the largest in the world. Just under one-quarter of the world's prisoners are held in American prisons. The U.S. rate of incarceration, with nearly 1 out of every 100 adults in prison or jail, is 5 to 10 times higher than the rates in Western Europe and other democracies. The U.S. prison population is largely drawn from the most disadvantaged part of the nation's population: mostly men under age 40, disproportionately minority, and poorly educated. Prisoners often carry additional deficits of drug and alcohol addictions, mental and physical illnesses, and lack of work preparation or experience. The growth of incarceration in the United States during four decades has prompted numerous critiques and a growing body of scientific knowledge about what prompted the rise and what its consequences have been for the people imprisoned, their families and communities, and for U.S. society. The Growth of Incarceration in the United States examines research and analysis of the dramatic rise of incarceration rates and its affects. This study makes the case that the United States has gone far past the point where the numbers of people in prison can be justified by social benefits and has reached a level where these high rates of incarceration themselves constitute a source of injustice and social harm. The Growth of Incarceration in the United States examines policy changes that created an increasingly punitive political climate and offers specific policy advice in sentencing policy, prison policy, and social policy. The report also identifies important research questions that must be answered to provide a firmer basis for policy. This report is a call for change in the way society views criminals, punishment, and prison. This landmark study assesses the evidence and its implications for public policy to inform an extensive and thoughtful public debate about and reconsideration of policies.

Pushout

Author : Monique W. Morris
Publisher : New Press, The
ISBN 13 : 1620971208
Total Pages : 289 pages
Book Rating : 4.6/5 (29 download)

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Book Synopsis Pushout by : Monique W. Morris

Download or read book Pushout written by Monique W. Morris and published by New Press, The. This book was released on 2016-03-29 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifteen-year-old Diamond stopped going to school the day she was expelled for lashing out at peers who constantly harassed and teased her for something everyone on the staff had missed: she was being trafficked for sex. After months on the run, she was arrested and sent to a detention center for violating a court order to attend school. Just 16 percent of female students, Black girls make up more than one-third of all girls with a school-related arrest. The first trade book to tell these untold stories, Pushout exposes a world of confined potential and supports the growing movement to address the policies, practices, and cultural illiteracy that push countless students out of school and into unhealthy, unstable, and often unsafe futures. For four years Monique W. Morris, author of Black Stats, chronicled the experiences of black girls across the country whose intricate lives are misunderstood, highly judged—by teachers, administrators, and the justice system—and degraded by the very institutions charged with helping them flourish. Morris shows how, despite obstacles, stigmas, stereotypes, and despair, black girls still find ways to breathe remarkable dignity into their lives in classrooms, juvenile facilities, and beyond.

When Abortion Was a Crime

Author : Leslie J. Reagan
Publisher : Univ of California Press
ISBN 13 : 0520387422
Total Pages : 433 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis When Abortion Was a Crime by : Leslie J. Reagan

Download or read book When Abortion Was a Crime written by Leslie J. Reagan and published by Univ of California Press. This book was released on 2022-02-22 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive history of abortion in the United States, with a new preface that equips readers for what’s to come. When Abortion Was a Crime is the must-read book on abortion history. Originally published ahead of the thirtieth anniversary of Roe v. Wade, this award-winning study was the first to examine the entire period during which abortion was illegal in the United States, beginning in the mid-nineteenth century and ending with that monumental case in 1973. When Abortion Was a Crime is filled with intimate stories and nuanced analysis, demonstrating how abortion was criminalized and policed—and how millions of women sought abortions regardless of the law. With this edition, Leslie J. Reagan provides a new preface that addresses the dangerous and ongoing threats to abortion access across the country, and the precarity of our current moment. While abortions have typically been portrayed as grim "back alley" operations, this deeply researched history confirms that many abortion providers—including physicians—practiced openly and safely, despite prohibitions by the state and the American Medical Association. Women could find cooperative and reliable practitioners; but prosecution, public humiliation, loss of privacy, and inferior medical care were a constant threat. Reagan's analysis of previously untapped sources, including inquest records and trial transcripts, shows the fragility of patient rights and raises provocative questions about the relationship between medicine and law. With the right to abortion increasingly under attack, this book remains the definitive history of abortion in the United States, offering vital lessons for every American concerned with health care, civil liberties, and personal and sexual freedom.