The Morality of Mercy
... of a deserved punishment. Its act requirement constitutes clemency, as I shall call it throughout this article—by which I mean the waiver of a right that one would otherwise have to demand corrective justice or to exact retributive justice. Not only must one satisfy an actus reus requirement in orde ...
... of a deserved punishment. Its act requirement constitutes clemency, as I shall call it throughout this article—by which I mean the waiver of a right that one would otherwise have to demand corrective justice or to exact retributive justice. Not only must one satisfy an actus reus requirement in orde ...
- Berkeley Law Scholarship Repository
... to the history of criminal justice, the earlier form of transportation to North America is more important because it was the world's first effective and efficient form of mass punishment short of execution. Until then, severe punishments consisted of either executions (which, in fact, were fairly ra ...
... to the history of criminal justice, the earlier form of transportation to North America is more important because it was the world's first effective and efficient form of mass punishment short of execution. Until then, severe punishments consisted of either executions (which, in fact, were fairly ra ...
Modern Lessons from Pirates, Lepers, Eskimos, and Survivors
... variety of natural experiments, many of which can produce significant insights into modern problems.7 This Article explores a collection of situations of lawlessness, in which people have been thrust into a world without governmental law or, in some instances, a world with formal law on the books th ...
... variety of natural experiments, many of which can produce significant insights into modern problems.7 This Article explores a collection of situations of lawlessness, in which people have been thrust into a world without governmental law or, in some instances, a world with formal law on the books th ...
PDF - Annenberg Learner
... numbers, especially to Australia. The traffic from Britain—extensively studied because of its centrality in the peopling of Australia—involved as many as 80,000 to New South Wales between 1788 and 1840; 67,000 to 69,000 to Van Diemen’s Land (Tasmania) between 1801 and 1852; and two smaller cohorts o ...
... numbers, especially to Australia. The traffic from Britain—extensively studied because of its centrality in the peopling of Australia—involved as many as 80,000 to New South Wales between 1788 and 1840; 67,000 to 69,000 to Van Diemen’s Land (Tasmania) between 1801 and 1852; and two smaller cohorts o ...
thePDF - Stanford Law Review
... of desert. In the new debate the value of a culpability-based punishment system is no longer assessed through the prism of moral philosophy but rather in terms of its utility at achieving the goals of the criminal justice system. Thus, where the two sides differ is not over methodology but over whet ...
... of desert. In the new debate the value of a culpability-based punishment system is no longer assessed through the prism of moral philosophy but rather in terms of its utility at achieving the goals of the criminal justice system. Thus, where the two sides differ is not over methodology but over whet ...
To Blame or to Forgive? - Oxford Journal of Legal Studies
... proneness to react to them in these kinds of ways’.12 More modestly, to hold another responsible has instead been proposed to consist in believing that such reactions would be appropriate or fitting, even if one does not actually have the relevant feelings oneself.13 But such nuances aside, the idea ...
... proneness to react to them in these kinds of ways’.12 More modestly, to hold another responsible has instead been proposed to consist in believing that such reactions would be appropriate or fitting, even if one does not actually have the relevant feelings oneself.13 But such nuances aside, the idea ...
McNeill, Fergus (2014) Punishment as rehabilitation. In
... problem for correctional rehabilitation, since it seeks to change the individual rather than simply to restrain, confine or otherwise punish him or her. That suggests a particular form of intrusion into the inner world, even the identity of the subject, in respect of which coercion raises particular ...
... problem for correctional rehabilitation, since it seeks to change the individual rather than simply to restrain, confine or otherwise punish him or her. That suggests a particular form of intrusion into the inner world, even the identity of the subject, in respect of which coercion raises particular ...
- NDLScholarship
... One in four American adults has a criminal record.1 That statistic includes people who have only been arrested, but the conviction numbers are just as staggering. A recent study finds that “19.8 million persons, representing 8.6 percent of the adult population and approximately one-third of the Afri ...
... One in four American adults has a criminal record.1 That statistic includes people who have only been arrested, but the conviction numbers are just as staggering. A recent study finds that “19.8 million persons, representing 8.6 percent of the adult population and approximately one-third of the Afri ...
application for intermediate punishment program
... Attorney for Defendant (if any): _______________________________________________________________ PRIOR CRIMINAL HISTORY *Applies to misdemeanor and felony type offenses only, including juvenile offenses (IF NONE, so indicate) (ARD, dismissed, guilty plea, pending, other). The applicant must also lis ...
... Attorney for Defendant (if any): _______________________________________________________________ PRIOR CRIMINAL HISTORY *Applies to misdemeanor and felony type offenses only, including juvenile offenses (IF NONE, so indicate) (ARD, dismissed, guilty plea, pending, other). The applicant must also lis ...
preprint - Department of Economics
... punishment). Thus, holding other characteristics fixed, low-income individuals are more likely to be criminals, so that increasing the disposable income of the poorer members of the society decreases the crime rate. However, to the extent that such individuals vary in their degree of risk-aversion, ...
... punishment). Thus, holding other characteristics fixed, low-income individuals are more likely to be criminals, so that increasing the disposable income of the poorer members of the society decreases the crime rate. However, to the extent that such individuals vary in their degree of risk-aversion, ...
Making Sense of English Law Enforcement in the Eighteenth Century
... be Rex v X, where X is the defendant's name. There was also a procedure, still existing but little used, under which certain private parties could initiate private suits, called appeals, to impose criminal penalties. According to Blackstone: As this method of prosecution is still in force, I cannot ...
... be Rex v X, where X is the defendant's name. There was also a procedure, still existing but little used, under which certain private parties could initiate private suits, called appeals, to impose criminal penalties. According to Blackstone: As this method of prosecution is still in force, I cannot ...
German Prevention of Crime Act, 1933
... punishment, would be transferred to a Preventive Detention Establishment, where the conditions would, be less repressive than in prison. Schaffstein, however, overlooks that his last argument is conclusive only when the combined measure of treatment entirely consists in a prolonged sentence of penal ...
... punishment, would be transferred to a Preventive Detention Establishment, where the conditions would, be less repressive than in prison. Schaffstein, however, overlooks that his last argument is conclusive only when the combined measure of treatment entirely consists in a prolonged sentence of penal ...
sources - American Library Association Journals
... Martin Gitlin’s Baby Boomer Encyclopedia is a fun read, especially if you fall into one of the categories that the Library of Congress has supplied as one of the subject headings for this work: “Middle-aged persons—United States—Encyclopedias.” Gitlin’s stated purpose was “to broadly encapsulate the ...
... Martin Gitlin’s Baby Boomer Encyclopedia is a fun read, especially if you fall into one of the categories that the Library of Congress has supplied as one of the subject headings for this work: “Middle-aged persons—United States—Encyclopedias.” Gitlin’s stated purpose was “to broadly encapsulate the ...
international criminal courts: some dissident views on the
... elite British soldiers backed by U.S. logistical and intelligence support shot one suspect to death.32 It is often said that a standing ICC holds “the promise of universal justice,”33 the implication being that permanence will take power politics out of the equation. For the foreseeable future, this ...
... elite British soldiers backed by U.S. logistical and intelligence support shot one suspect to death.32 It is often said that a standing ICC holds “the promise of universal justice,”33 the implication being that permanence will take power politics out of the equation. For the foreseeable future, this ...
How Autonomous Are Collective Agents? Corporate Rights and
... How Autonomous Are Collective Agents? Corporate Rights and Normative Individualism ...
... How Autonomous Are Collective Agents? Corporate Rights and Normative Individualism ...
The Creation of Modern Prisons in the Russian Empire
... in Northern Asia characterized by a combination of harsh climatic conditions and inexhaustible natural resources. The political concept describes Siberia as the land which was conquered by the Russian Empire and which became the penal colony of this state. In this work, the term Siberia is used in t ...
... in Northern Asia characterized by a combination of harsh climatic conditions and inexhaustible natural resources. The political concept describes Siberia as the land which was conquered by the Russian Empire and which became the penal colony of this state. In this work, the term Siberia is used in t ...
Capital Punishment: A Philosophical Rejection of
... could allow for the overall good of society. This can be shown through the argument that torture brings about information necessary for a state’s safety; however, since it is a cruel and unusual punishment for its degradation of human dignity, it is morally impermissible. Criminal law clearly has a ...
... could allow for the overall good of society. This can be shown through the argument that torture brings about information necessary for a state’s safety; however, since it is a cruel and unusual punishment for its degradation of human dignity, it is morally impermissible. Criminal law clearly has a ...
Retributivism: A Just Basis for Criminal Sentences
... In light of these forced observations, many people within and without the criminal justice establishment are questioning the assumptions upon which our correctional process rests. Unfortunately, "[W]e have in our country virtually no legislative declarations of the [philosophical] principles justify ...
... In light of these forced observations, many people within and without the criminal justice establishment are questioning the assumptions upon which our correctional process rests. Unfortunately, "[W]e have in our country virtually no legislative declarations of the [philosophical] principles justify ...
Anarchist criminology - Duane Ruth
... are diverted to a restorative justice service provider, or sent to the provider after sentencing for collection of restitution. These providers can be inside or outside the government, but are always seen as a divergence from normal practice. Only New Zealand, of the common law countries, sends near ...
... are diverted to a restorative justice service provider, or sent to the provider after sentencing for collection of restitution. These providers can be inside or outside the government, but are always seen as a divergence from normal practice. Only New Zealand, of the common law countries, sends near ...
chapter17
... Congress enacted the Prison Rape Reduction Act of 2003 to deal with prison rapes Causes of prison violence include: violence prone nature of inmates, crowded, and dehumanizing conditions Prison Riots: occur due to unnatural environment, antisocial nature of inmates, inept management, inadequat ...
... Congress enacted the Prison Rape Reduction Act of 2003 to deal with prison rapes Causes of prison violence include: violence prone nature of inmates, crowded, and dehumanizing conditions Prison Riots: occur due to unnatural environment, antisocial nature of inmates, inept management, inadequat ...
The Influence of Gender, Race, Age, Academic Level
... eleven questions that they should assume that corporal punishment could be used legally. Results When asked whether “the United States should use corporal punishment, such as caning or whipping, on convicted criminals,” 18% strongly disagreed, 27% disagreed, 20% were uncertain, 24% agreed, and 12% s ...
... eleven questions that they should assume that corporal punishment could be used legally. Results When asked whether “the United States should use corporal punishment, such as caning or whipping, on convicted criminals,” 18% strongly disagreed, 27% disagreed, 20% were uncertain, 24% agreed, and 12% s ...
here
... influence on the system J: - Yes, the criminal procedure itself is not more than a harmful but necessary step…I have no illusions about it, that I will cure anyone. The maximum I can do is to prevent from further crime those people who recognise its significance. (Judge: 65) P: - I see that after a ...
... influence on the system J: - Yes, the criminal procedure itself is not more than a harmful but necessary step…I have no illusions about it, that I will cure anyone. The maximum I can do is to prevent from further crime those people who recognise its significance. (Judge: 65) P: - I see that after a ...
Buddhism, Punishment, and Reconciliation Journal of Buddhist Ethics Charles K. Fink
... In connection with euthanasia, Peter Harvey writes that “To advocate death on the grounds of compassion would be seen [from a Buddhist standpoint] as an unwholesome act rooted in delusion, so that the compassion involved was unwise” (Ethics 296). He points out that “there is no guarantee that even a ...
... In connection with euthanasia, Peter Harvey writes that “To advocate death on the grounds of compassion would be seen [from a Buddhist standpoint] as an unwholesome act rooted in delusion, so that the compassion involved was unwise” (Ethics 296). He points out that “there is no guarantee that even a ...
powerpoint - FM Faculty Web Pages
... Deterrence Special or Specific Deterrence Punishing convicted offenders to deter THEM (The Individual) from committing any more crimes in the future General Deterrence The threat of punishment serves to prevent US (The members of the community) those who have not committed crimes from doing so ...
... Deterrence Special or Specific Deterrence Punishing convicted offenders to deter THEM (The Individual) from committing any more crimes in the future General Deterrence The threat of punishment serves to prevent US (The members of the community) those who have not committed crimes from doing so ...
Punishment: Consequentialism
... consider what punishment is. The orthodox analysis of the concept of “punishment” is that developed by H.L.A. Hart, who drew on the work of Antony Flew (Flew) and Stanley Benn (Benn). According to the Flew-Benn-Hart definition of “punishment”, as it is sometimes called (although Hart does not, in fa ...
... consider what punishment is. The orthodox analysis of the concept of “punishment” is that developed by H.L.A. Hart, who drew on the work of Antony Flew (Flew) and Stanley Benn (Benn). According to the Flew-Benn-Hart definition of “punishment”, as it is sometimes called (although Hart does not, in fa ...
Collective punishment
Collective punishment is a form of retaliation whereby a suspected perpetrator's family members, friends, acquaintances, sect, neighbors or entire ethnic group is targeted. The punished group may often have no direct association with the other individuals or groups, or direct control over their actions. In times of war and armed conflict, collective punishment has resulted in atrocities, and is a violation of the laws of war and the Geneva Conventions. Historically, occupying powers have used collective punishment to retaliate against and deter attacks on their forces by Resistance movements (e.g. destroying entire towns and villages where such attacks have occurred).