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A reflection on the limits of the construction of judicial decisions from the Edenic Myth Having as its central element the rhetorical analysis of the Edenic myth (Gen. 2 and 3), this dissertation addresses the strength that such narrative has had to forge, both in the West and in the East, a behavior of submission and passivity in the face of authorities that place themselves in the power. It sees, however, also present in the text, an invitation to abstain from the practice of judgments of moral behavior (ignoring good and evil), which is presented as a task of God and not of men. These, according to the author, when they set out to pronounce sentences in relation to their peers, end up expressing prejudices, which are established in society through mechanisms of symbolic violence. At the end, the author, faced with the practical and immediate impossibility of a way of social coexistence without the structures of power and control, among which the judiciary stands out, inviting us to adopt a humbler and fraternal posture when the moment of the decision, with the aim of mitigating the effects of the potential and actual brutality that the sentences tend to carry out.
International sentencing has become significant given the numerous events on the world stage which have focused attention on the justifications and adequacy of punishment for heinous crimes such as genocide and crimes against humanity. In addition to providing a detailed evaluation of the philosophical and theoretical difficulties raised by this rapidly developing area of international criminal justice, this book provides an integrated socio-legal analysis of the law and process of international sentencing. It considers the rationale and development of international sentencing structures and processes, the nature and scope of legal and procedural constraints on decision-making, as well as access to justice and rights issues. The book discusses sentencing within the context of international criminal law and examines internationalized trial processes and alternative mechanisms for resolution. In seeking to comprehend the punishment of international crimes through the comparative contextual analysis of trial processes, it challenges our present understanding of how and why particular sentencing outcomes are produced and the perceived legitimacy of international trial justice.
This book addresses the discursive importance of the prosecution’s opening statement before an international criminal tribunal. Opening statements are considered to be largely irrelevant to the official legal proceedings but are simultaneously deployed to frame important historical events. They are widely cited in international media as well as academic texts; yet have been ignored by legal scholars as objects of study in their own right. This book aims to remedy this neglect, by analysing the narrative that is articulated in the opening statements of different prosecutors at different tribunals in different times. It takes an interdisciplinary approach and looks at the meaning of the opening narrative beyond its function in the legal process in a strict sense, discussing the ways in which the trial is situated in time and space and how it portrays the main characters. It shows how perpetrators and victims, places and histories, are juridified in a narrative that, whilst purporting to legitimise the trial, the tribunal and international criminal law itself, is beset with tensions and contradictions. Providing an original perspective on the operation of international criminal law, this book will be of considerable interest to those working in this area, as well as those with relevant interests in International/Transnational Law more generally, Critical Legal Studies, Law and Literature, Socio-Legal Studies, Law and Geography and International Relations.
This is a compilation of descriptions of English-language research studies, conducted between 1945 and 1967 to evaluate the treatment of criminal and juvenile offenders. Each of the 231 studies has been annotated and classed into categories. Study findings are classified according to eleven treatment methods (independent variables) and seven desired areas of change (dependent variables). The independent variables include imprisonment, parole, casework and individual counselling, milieu therapy, and medical methods. The dependent variables discussed are recidivism, institutional adjustment, vocational adjustment, educational achievement, drug and alcohol re-addiction, personality and attitude change, and community adjustment. (Source: NCJRS, adapted).
Criminal Justice Theory examines the theoretical foundations of criminal justice in the modern era, whilst also considering legal philosophy and ethics, explaining criminal behaviour, and discussing policing, the court process, and penology in the context of contemporary socio-economic debates. Throughout the book, a realist theoretical thread acts as a guide interlinking concepts of social progress, conflict, and cerebral models of criminal justice, whilst also recognizing our collusion in the creation of an increasingly pervasive culture of socio-control which now characterizes contemporary society. The complex theoretical issues tackled in this book are addressed in an accessible style, making this a relevant and comprehensive introduction to criminal justice theory for students on a wide range of undergraduate criminal justice modules. It is also a helpful guide for those commencing postgraduate studies in the disciplines of criminal justice, criminology, and law.
Following the USA, in many Western countries over the last decade, prison rates have increased while crime rates have declined. This key book examines the role played by penal populism on this and other trends in contemporary penal policy.
Amy E. Lerman examines the shift from rehabilitation to punitivism that has taken place in the politics and practice of American corrections.
At the start of the twenty-first century, 1 percent of the U.S. population is behind bars. An additional 3 percent is on parole or probation. In all but two states, incarcerated felons cannot vote, and in three states felon disenfranchisement is for life. More than 5 million adult Americans cannot vote because of a felony-class criminal conviction, meaning that more than 2 percent of otherwise eligible voters are stripped of their political rights. Nationally, fully a third of the disenfranchised are African American, effectively disenfranchising 8 percent of all African Americans in the United States. In Alabama, Kentucky, and Florida, one in every five adult African Americans cannot vote. Punishment and Inclusion gives a theoretical and historical account of this pernicious practice of felon disenfranchisement, drawing widely on early modern political philosophy, continental and postcolonial political thought, critical race theory, feminist philosophy, disability theory, critical legal studies, and archival research into state constitutional conventions. It demonstrates that the history of felon disenfranchisement, rooted in postslavery restrictions on suffrage and the contemporaneous emergence of the modern “American” penal system, reveals the deep connections between two political institutions often thought to be separate, showing the work of membership done by the criminal punishment system and the work of punishment done by the electoral franchise. Felon disenfranchisement is a symptom of the tension that persists in democratic politics between membership and punishment. This book shows how this tension is managed via the persistence of white supremacy in contemporary regimes of punishment and governance.
With her characteristic brilliance, grace and radical audacity, Angela Y. Davis has put the case for the latest abolition movement in American life: the abolition of the prison. As she quite correctly notes, American life is replete with abolition movements, and when they were engaged in these struggles, their chances of success seemed almost unthinkable. For generations of Americans, the abolition of slavery was sheerest illusion. Similarly,the entrenched system of racial segregation seemed to last forever, and generations lived in the midst of the practice, with few predicting its passage from custom. The brutal, exploitative (dare one say lucrative?) convict-lease system that succeeded formal slavery reaped millions to southern jurisdictions (and untold miseries for tens of thousands of men, and women). Few predicted its passing from the American penal landscape. Davis expertly argues how social movements transformed these social, political and cultural institutions, and made such practices untenable. In Are Prisons Obsolete?, Professor Davis seeks to illustrate that the time for the prison is approaching an end. She argues forthrightly for "decarceration", and argues for the transformation of the society as a whole.