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This book questions punishment as concept, social phenomenon and contemporary practice. It unpacks punishment’s nature and the assumptions that underpin it, examines its targets, objectives and implications, locates punishment and punitivity within their social contexts, and aims to unsettle the idea that there is something common-sensical, necessary and unavoidable about punitive justice. Questioning Punishment develops its argument through an innovative structure organised around five central questions: what punishment is; who punishment’s targets and subjects are; how punishment is perpetuated and experienced; when and where punishment unfolds and why we punish. It ends by considering the implications of this enquiry to understandings of punishment and broader pursuits of justice. It is essential reading for all those engaged with the sociology of punishment and prisons, criminal justice, and theoretical criminology.
The death penalty has inspired controversy for centuries. Raising questions regarding capital punishment rather than answering them, Questioning Capital Punishment offers the footing needed to allow for more informed consideration and analysis of these controversies. Acker edits judicial decisions that have addressed constitutional challenges to capital punishment and its administration in the United States and uses complementary materials to offer historical, empirical, and normative perspectives about death penalty policies and practices. This book is ideal for upper-level undergraduate and graduate classes in criminal justice.
In Beyond Punishment?, Zachary Hoskins offers a philosophical examination of the collateral legal consequences of conviction. Considering how pervasive collateral restrictions have become and the dramatic effects such restrictions have on offenders' lives, Hoskins examines whether these extended measures of punishment are ever morally justified.
Philosophy and Policy : Doing Justice -- Human Dignity -- Proportionality -- Social Disadvantage -- Multiple Offenses -- Preventing Crime -- Deterrence -- Prediction and Incapacitation : Moving Forward -- Doing Justice Better.
Criticizes the system of motivating through reward, offering arguments for motivating people by working with them instead of doing things to them.
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.
A study and analysis of lack of enforcement against criminal actions in corporate America and what can be done to fix it. In the early 2000s, federal enforcement efforts sent white collar criminals at Enron and WorldCom to prison. But since the 2008 financial collapse, this famously hasn’t happened. Corporations have been permitted to enter into deferred prosecution agreements and avoid criminal convictions, in part due to a mistaken assumption that leniency would encourage cooperation and because enforcement agencies don’t have the funding or staff to pursue lengthy prosecutions, says distinguished Columbia Law Professor John C. Coffee. “We are moving from a system of justice for organizational crime that mixed carrots and sticks to one that is all carrots and no sticks,” he says. He offers a series of bold proposals for ensuring that corporate malfeasance can once again be punished. For example, he describes incentives that could be offered to both corporate executives to turn in their corporations and to corporations to turn in their executives, allowing prosecutors to play them off against each other. Whistleblowers should be offered cash bounties to come forward because, Coffee writes, “it is easier and cheaper to buy information than seek to discover it in adversarial proceedings.” All federal enforcement agencies should be able to hire outside counsel on a contingency fee basis, which would cost the public nothing and provide access to discovery and litigation expertise the agencies don't have. Through these and other equally controversial ideas, Coffee intends to rebalance the scales of justice. “Professor Coffee’s compelling new approach to holding fraudsters to account is indispensable reading for any lawmaker serious about deterring corporate crime.” —Robert Jackson, professor of Law, New York University, and former commissioner, Securities and Exchange Commission “A great book that more than any other recent volume deftly explains why effective prosecution of corporate senior executives largely collapsed in the post-2007–2009 stock market crash period and why this creates a crisis of underenforcement. No one is Professor Coffee’s equal in tying together causes for the crisis.” —Joel Seligman, author, historian, former law school dean, and president emeritus, University of Rochester
Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.
Punishment is an area of increasing importance and concern to both citizens and politicians. How do we decide what should be crimes? How do we decide when someone is responsible for a crime? What should we do with criminals? These are the main questions raised in this book.