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State Punishment

Author : Nicola Lacey
Publisher : Routledge
Page : 237 pages
File Size : 45,39 MB
Release : 2012-10-12
Category : Philosophy
ISBN : 1134838018

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Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.

Lethal State

Author : Seth Kotch
Publisher : UNC Press Books
Page : 321 pages
File Size : 29,19 MB
Release : 2019-01-10
Category : History
ISBN : 1469649888

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For years, American states have tinkered with the machinery of death, seeking to align capital punishment with evolving social standards and public will. Against this backdrop, North Carolina had long stood out as a prolific executioner with harsh mandatory sentencing statutes. But as the state sought to remake its image as modern and business-progressive in the early twentieth century, the question of execution preoccupied lawmakers, reformers, and state boosters alike. In this book, Seth Kotch recounts the history of the death penalty in North Carolina from its colonial origins to the present. He tracks the attempts to reform and sanitize the administration of death in a state as dedicated to its image as it was to rigid racial hierarchies. Through this lens, Lethal State helps explain not only Americans' deep and growing uncertainty about the death penalty but also their commitment to it. Kotch argues that Jim Crow justice continued to reign in the guise of a modernizing, orderly state and offers essential insight into the relationship between race, violence, and power in North Carolina. The history of capital punishment in North Carolina, as in other states wrestling with similar issues, emerges as one of state-building through lethal punishment.

When the State Kills

Author : Austin Sarat
Publisher : Princeton University Press
Page : 351 pages
File Size : 44,16 MB
Release : 2018-06-05
Category : Law
ISBN : 0691188661

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Is capital punishment just? Does it deter people from murder? What is the risk that we will execute innocent people? These are the usual questions at the heart of the increasingly heated debate about capital punishment in America. In this bold and impassioned book, Austin Sarat seeks to change the terms of that debate. Capital punishment must be stopped, Sarat argues, because it undermines our democratic society. Sarat unflinchingly exposes us to the realities of state killing. He examines its foundations in ideas about revenge and retribution. He takes us inside the courtroom of a capital trial, interviews jurors and lawyers who make decisions about life and death, and assesses the arguments swirling around Timothy McVeigh and his trial for the bombing in Oklahoma City. Aided by a series of unsettling color photographs, he traces Americans' evolving quest for new methods of execution, and explores the place of capital punishment in popular culture by examining such films as Dead Man Walking, The Last Dance, and The Green Mile. Sarat argues that state executions, once used by monarchs as symbolic displays of power, gained acceptance among Americans as a sign of the people's sovereignty. Yet today when the state kills, it does so in a bureaucratic procedure hidden from view and for which no one in particular takes responsibility. He uncovers the forces that sustain America's killing culture, including overheated political rhetoric, racial prejudice, and the desire for a world without moral ambiguity. Capital punishment, Sarat shows, ultimately leaves Americans more divided, hostile, indifferent to life's complexities, and much further from solving the nation's ills. In short, it leaves us with an impoverished democracy. The book's powerful and sobering conclusions point to a new abolitionist politics, in which capital punishment should be banned not only on ethical grounds but also for what it does to Americans and what we cherish.

Discipline and Punish

Author : Michel Foucault
Publisher : Vintage
Page : 354 pages
File Size : 29,68 MB
Release : 2012-04-18
Category : Social Science
ISBN : 0307819299

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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.

Corporal Punishment in U.S. Public Schools

Author : Elizabeth T. Gershoff
Publisher : Springer
Page : 125 pages
File Size : 46,85 MB
Release : 2015-01-27
Category : Psychology
ISBN : 3319148184

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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.

The Problem of Punishment

Author : David Boonin
Publisher : Cambridge University Press
Page : pages
File Size : 22,50 MB
Release : 2008-04-14
Category : Philosophy
ISBN : 1139470787

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In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not? Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it.

State Punishment

Author : Nicola Lacey
Publisher : Routledge
Page : 266 pages
File Size : 39,36 MB
Release : 2012-10-12
Category : Philosophy
ISBN : 113483800X

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Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.

The Behavioral Code

Author : Benjamin van Rooij
Publisher : Beacon Press
Page : 314 pages
File Size : 35,10 MB
Release : 2021-10-26
Category : Social Science
ISBN : 0807049093

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A 2022 PROSE Award finalist in Legal Studies and Criminology A 2022 American Bar Association Silver Gavel Award Finalist A Behavioral Scientist’s Notable Book of 2021 Freakonomics for the law—how applying behavioral science to the law can fundamentally change and explain misbehavior Why do most Americans wear seatbelts but continue to speed even though speeding fines are higher? Why could park rangers reduce theft by removing “no stealing” signs? Why was a man who stole 3 golf clubs sentenced to 25 years in prison? Some laws radically change behavior whereas others are consistently ignored and routinely broken. And yet we keep relying on harsh punishment against crime despite its continued failure. Professors Benjamin van Rooij and Adam Fine draw on decades of research to uncover the behavioral code: the root causes and hidden forces that drive human behavior and our responses to society’s laws. In doing so, they present the first accessible analysis of behavioral jurisprudence, which will fundamentally alter how we understand the connection between law and human behavior. The Behavioral Code offers a necessary and different approach to battling crime and injustice that is based in understanding the science of human misconduct—rather than relying on our instinctual drive to punish as a way to shape behavior. The book reveals the behavioral code’s hidden role through illustrative examples like: • The illusion of the US’s beloved tax refund • German walls that “pee back” at public urinators • The $1,000 monthly “good behavior” reward that reduced gun violence • Uber’s backdoor “Greyball” app that helped the company evade Seattle’s taxi regulators • A $2.3 billion legal settlement against Pfizer that revealed how whistleblower protections fail to reduce corporate malfeasance • A toxic organizational culture playing a core role in Volkswagen’s emissions cheating scandal • How Peter Thiel helped Hulk Hogan sue Gawker into oblivion Revelatory and counterintuitive, The Behavioral Code catalyzes the conversation about how the law can effectively improve human conduct and respond to some of our most pressing issues today, from police misconduct to corporate malfeasance.

Politics and Punishment

Author : Mark Thomas Carleton
Publisher : LSU Press
Page : 236 pages
File Size : 48,56 MB
Release : 1984-08-01
Category : History
ISBN : 9780807112199

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One of the few studies of its kind, this political history of the Louisiana penal system from its origin to the near-present places heavy-emphasis on the development of penal policy and shows how the vicissitudes of the system have reflected the prevailing social, economic, and political views of the state as a whole. The author traces Louisiana’s doleful history of convict leasing from 1844 to 1901 and provides a close look at the machinations of the notorious Major Samuel L. James, who controlled the state penal system for more than thirty brutal years. Professor Carleton analyzes the effects of the Huey Long regime and the heel-slashings of the 1950s which brought the penitentiary the label of “America’s Worst Prison.” Finally, he traces the slow, uphill battle of those interested in better treatment and preparatory rehabilitation for state prisoners. “At its worst,” says Carleton, Louisiana’s penal system “has been a barbaric and exploitative form of state slavery. . . . At best it has been a progressive correctional institution, administered by professional penologists with little or no interference from penal reactionaries or politicians.” Politics and Punishment is a significant contribution to penal historiography and will no doubt serve as a model for similar studies in the field.

Punishment and Prisons

Author : Joe Sim
Publisher : SAGE Publications
Page : 201 pages
File Size : 14,85 MB
Release : 2009-06-25
Category : Social Science
ISBN : 076196004X

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Joe Sim traces the development of penal strategy over the past three decades, through a critical analysis of the relationship between penal policy and state power. Exploring the contested histories of punishment that are prominent in criminology, and its development in penal policy, the book analyzes four key dimensions of modern penal trends continuity and discontinuity in penal policy and practice, reform and rehabilitation, contesting penal power, and abolitionism. Articulate, innovative, and theoretically informed, Punishment and Prisons offers a critical overview of contemporary penal politics that will prove a compelling addition to the criminological library.