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Author: Peter Henry Rossi
Publisher: Transaction Publishers
ISBN: 9780202367019
Category : Law
Languages : en
Pages : 262
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Book Description
The sentencing guidelines written by the U.S. Sentencing Commission for the federal crime courts were designed to lead to uniform the just punishments for convicted criminals. How well did the Commission's judgments about what were just punishments compare to the view of the American public? Using data from a 1994 national household survey, the authors compare the punishments described by the Commission to those desired by the public. Contrary to the frequency claims of excessive leniency on the part of judges that are often asserted by journalists and shapers of opinions, Rossi and Berk find strong correspondence between the median sentences deemed appropriate by the public and the sentences prescribed by the guidelines. Although the authors conclude that the Commission was able to match prescribed punishments closely to the American consensus for most crimes, in one category -- drug trafficking offenses -- the guidelines were much harsher in dealing with offenders. The national survey used a factorial survey as its design strategy, allowing for analysis of a large variety of federal crimes and variations in the social characteristics of convicted felons. A wealth of detail, along with ample graphic and tabular illustrations, extends the book's application to issues of consensus and variations in punitiveness by region and socioeconomic characteristics of respondents.
Author: Peter Henry Rossi
Publisher: Transaction Publishers
ISBN: 9780202367019
Category : Law
Languages : en
Pages : 262
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Book Description
The sentencing guidelines written by the U.S. Sentencing Commission for the federal crime courts were designed to lead to uniform the just punishments for convicted criminals. How well did the Commission's judgments about what were just punishments compare to the view of the American public? Using data from a 1994 national household survey, the authors compare the punishments described by the Commission to those desired by the public. Contrary to the frequency claims of excessive leniency on the part of judges that are often asserted by journalists and shapers of opinions, Rossi and Berk find strong correspondence between the median sentences deemed appropriate by the public and the sentences prescribed by the guidelines. Although the authors conclude that the Commission was able to match prescribed punishments closely to the American consensus for most crimes, in one category -- drug trafficking offenses -- the guidelines were much harsher in dealing with offenders. The national survey used a factorial survey as its design strategy, allowing for analysis of a large variety of federal crimes and variations in the social characteristics of convicted felons. A wealth of detail, along with ample graphic and tabular illustrations, extends the book's application to issues of consensus and variations in punitiveness by region and socioeconomic characteristics of respondents.
Author: Cesare Beccaria
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584776382
Category : Criminal justice, Administration of
Languages : en
Pages : 274
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Book Description
Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
Author: Alfie Kohn
Publisher: Mariner Books
ISBN:
Category : Behaviorism (Psychology).
Languages : en
Pages : 452
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Book Description
Criticizes the system of motivating through reward, offering arguments for motivating people by working with them instead of doing things to them.
Author: Michel Foucault
Publisher: Vintage
ISBN: 0307819299
Category : Social Science
Languages : en
Pages : 354
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Book Description
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.
Author: Andreas von Hirsch
Publisher: Bloomsbury Publishing
ISBN: 1509902678
Category : Law
Languages : en
Pages : 217
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Book Description
This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.
Author: Thom Brooks
Publisher: Routledge
ISBN: 0415431816
Category : Law
Languages : en
Pages : 298
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Book Description
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.
Author: A. John Simmons
Publisher: Princeton University Press
ISBN: 9780691029559
Category : Law
Languages : en
Pages : 352
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Book Description
The problem of justifying legal punishment has been at the heart of legal and social philosophy from the very earliest recorded philosophical texts. However, despite several hundred years of debate, philosophers have not reached agreement about how legal punishment can be morally justified. That is the central issue addressed by the contributors to this volume. All of the essays collected here have been published in the highly respected journal Philosophy & Public Affairs. Taken together, they offer not only significant proposals for improving established theories of punishment and compelling arguments against long-held positions, but also ori-ginal and important answers to the question, "How is punishment to be justified?" Part I of this collection, "Justifications of Punishment," examines how any practice of punishment can be morally justified. Contributors include Jeffrie G. Murphy, Alan H. Goldman, Warren Quinn, C. S. Nino, and Jean Hampton. The papers in Part II, "Problems of Punishment," address more specific issues arising in established theories. The authors are Martha C. Nussbaum, Michael Davis, and A. John Simmons. In the final section, "Capital Punishment," contributors discuss the justifiability of capital punishment, one of the most debated philosophical topics of this century. Essayists include David A. Conway, Jeffrey H. Reiman, Stephen Nathanson, and Ernest van den Haag.
Author: Mary Margaret Mackenzie
Publisher: Univ of California Press
ISBN: 0520311469
Category :
Languages : en
Pages : 410
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Book Description
Punishments hurt. Therefore they must be justifie; but philosophical attempts to do so founder in contradictions and moral difficulties. Danger faces the unwary penologist, yet he persists, for with social organization comes the need to punish those who do wrong. Plato on Punishment draws together philosophy, law, and the history of ideas in the classical topic of Plato's penology; it discusses this philosopher's attitude towards punishment in relation to the whole of his philosophy. Mackenzie beings by examining the three major theories of punishment current today (retribution, utilitarianism, and reform), arguing that, held separately, they are objectionable; maintained simultaneously, they provoke intolerable conflict. Thus attempt to justify punishment is necessarily doomed to failure. However, Mackenzie claims that compelling reasons lead people to punish. Drawing on the development of the moral valus of early and classical Greece, she shows how the institution fo punishment is entailed by ordinary moral attitudes. Finally, Mackenzie presents Plato's theory of reformative punishment in relation to the whole of his moral theory. She argues that, although his theory of punishment appears formidable when viewed as a product of his moral theory, it requires the strong foundation of an unacceptable Platonic metaphysic. Plato succumbs to the demands imposed by tradition of moral justice, thus demonstrating how heavy the pressure of ordinary moral attitudes can be: reinforced by tradition, we, like Plato, are compelled to justify punishment, although the rationale we employ is but imperfect. Mackenzie criticizes the modern philosophy of punishment. She participates in the current controversy about he development of Greek values. And her account of Plato's theory of punishment is the first to employ both the perspective of classical scholarship and a modern philosophical viewpoint. The major contribution of this original work is the fusion of three elements--the philosophy of punishment, the history of ideas, and Platonic scholarship--into a single argument: we should not punish, but we must. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1981.
Author: Jules L. Coleman
Publisher: Taylor & Francis
ISBN: 9780815314004
Category : Law
Languages : en
Pages : 576
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Book Description
Author: Dr Leo Zaibert
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409493121
Category : Law
Languages : en
Pages : 238
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Book Description
Discussions of punishment typically assume that punishment is criminal punishment carried out by the State. Punishment is, however, a richer phenomenon and it occurs in many contexts. This book contains a general account of punishment which overcomes the difficulties of competing accounts. Recognizing punishment's manifoldness is valuable not merely in contributing to conceptual clarity, but in that this recognition sheds light on the complicated problem of punishment's justification. Insofar as they narrowly presuppose that punishment is criminal punishment, most apparent solutions to the tension between consequentialism and retributivism are rather unenlightening if we attempt to apply them in other contexts. Moreover, this presupposition has given rise to an unwieldy variety of accounts of retributivism which are less helpful in contexts other than criminal punishment. Treating punishment comprehensibly helps us to better understand how it differs from similar phenomena, and to carry on the discussion of its justification fruitfully.
