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Author: Alexandra Natapoff
Publisher: Basic Books
ISBN: 0465093809
Category : Law
Languages : en
Pages : 320
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Book Description
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
Author: Alexandra Natapoff
Publisher: Basic Books
ISBN: 0465093809
Category : Law
Languages : en
Pages : 320
Get Book Here
Book Description
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
Author: Lawrence M. Friedman
Publisher: Cambridge University Press
ISBN: 1108588816
Category : Law
Languages : en
Pages : 155
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Book Description
In this compelling book, Lawrence M. Friedman looks at situations where killing is condemned by law but not by social norms and, therefore, is rarely punished. He shows how penal codes categorize homicides by degree of intent, which are in turn based on society's sense of moral outrage. Despite being officially defined as murder, many homicides have historically gone unpunished. Friedman looks at early vigilante justice, crimes of passion, murder of necessity, mercy killings, and assisted suicides. In his explorations of these unpunished homicides, Friedman probes what these circumstances tell us about conflicts in social and cultural norms, and the interaction of law and society.
Author: Valerij Zisman
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3111027821
Category : Philosophy
Languages : en
Pages : 244
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Book Description
How can criminal punishment be morally justified? Zisman addresses this classical question in legal philosophy. He provides two maybe surprising answers to the question. First, as for a methodological claim, it argues that this question cannot be answered by philosophers and legal scholars alone. Rather, we need to take into account research from social psychology, economy, anthropology, and so on in order to properly analyze the arguments in defense of criminal punishment. Second, the book argues that when such research is properly accounted for, none of the current attempts to justify criminal punishment succeed. But that does not imply that the state should do nothing about criminal wrongdoing. Rather, the arguments that were supposed to justify criminal punishment actually speak in favor of an alternative approach to criminal law: restitution to the victim and restorative justice. That is to say, the state should coerce offenders to provide restitution for the harm inflicted on victims, and whenever possible restorative approaches should be taken to address criminal wrongdoing.
Author: William R. Kelly
Publisher: Columbia University Press
ISBN: 0231539223
Category : Social Science
Languages : en
Pages : 418
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Book Description
Over the past forty years, the criminal justice system in the United States has engaged in a very expensive policy failure, attempting to punish its way to public safety, with dismal results. So-called "tough on crime" policies have not only failed to effectively reduce crime, recidivism, and victimization but also created an incredibly inefficient system that routinely fails the public, taxpayers, crime victims, criminal offenders, their families, and their communities. Strategies that focus on behavior change are much more productive and cost effective for reducing crime than punishment, and in this book, William R. Kelly discusses the policy, process, and funding innovations and priorities that the United States needs to effectively reduce crime, recidivism, victimization, and cost. He recommends proactive, evidence-based interventions to address criminogenic behavior; collaborative decision making from a variety of professions and disciplines; and a focus on innovative alternatives to incarceration, such as problem-solving courts and probation. Students, professionals, and policy makers alike will find in this comprehensive text a bracing discussion of how our criminal justice system became broken and the best strategies by which to fix it.
Author: Michael J. Zimmerman
Publisher: Broadview Press
ISBN: 1460401093
Category : Philosophy
Languages : en
Pages : 197
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Book Description
In The Immorality of Punishment Michael Zimmerman argues forcefully that not only our current practice but indeed any practice of legal punishment is deeply morally repugnant, no matter how vile the behaviour that is its target. Despite the fact that it may be difficult to imagine a state functioning at all, let alone well, without having recourse to punishing those who break its laws, Zimmerman makes a timely and compelling case for the view that we must seek and put into practice alternative means of preventing crime and promoting social stability.
Author: Paul H. Robinson
Publisher: Oxford University Press
ISBN: 0195160150
Category : Law
Languages : en
Pages : 332
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Book Description
This book is a ... for thoughtful legislators and all the rest of us who seek justice for persons charged with crimes-proportional punishment of the guilty, and exculpation of the morally blameless. The authors demonstrate, with remarkable lucidity, how and why the criminal law sometimes deliberately sacrifices justice for other goals, and they provide thoughtful, controversial, and often persuasive suggestions on how we can redesign our legal system to give people their just deserts. [In the book, the authors offer an] account of how the American criminal justice system fails to give offenders their just deserts in a number of different contexts. From the refusal to allow partial exoneration for defenses like mistake of law and insanity to the practical limitations on detecting and prosecuting offenders, [they also] demonstrate through ... discussions of actual cases the many areas where criminal sentencing fails to do justice. -Dust jacket.
Author: David Perrier
Publisher: Thomson Carswell
ISBN: 9780459283377
Category : Law
Languages : en
Pages : 738
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Book Description
Author: Zachary Hoskins
Publisher: Oxford University Press
ISBN: 0199389233
Category : Law
Languages : en
Pages : 265
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Book Description
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.
Author: Erin I. Kelly
Publisher: Harvard University Press
ISBN: 0674980778
Category : Philosophy
Languages : en
Pages : 241
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Book Description
Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.
Author: Matthew Clair
Publisher: Princeton University Press
ISBN: 069123387X
Category : Social Science
Languages : en
Pages : 320
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Book Description
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.
