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Author: Michele Pifferi
Publisher: Clarendon Studies in Criminolo
ISBN: 9780198743217
Category : Law
Languages : en
Pages : 0
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Book Description
Providing a historical analysis of the impact of criminology on the rationale of punishment and the sentencing systems in Europe and the US between the 1870s and the 1930s, Reinventing Punishment: A Comparative History of Criminology and Penology in the 19th and 20th Century investigates and contrasts the rise of the principles of individualisation of punishment, social defence, preventive justice, and indeterminate sentencing. The manner in which American and European jurisprudence enforced these ideas resulted in the emergence of two different penological identities: the American penal reform movement led to the adoption of the indeterminate sentence system, whereas the European criminological approach resulted in the formulation of the dual track system with punishment and measures of security. This theoretical divide, discussed at many international congresses and in studies of comparative criminal law, not only reflects two different ideas on the legitimacy and purpose of punishment, but also corresponds to two different constitutional views of criminal law. The book considers the relation between constitutional frameworks (rule of law and Rechtsstaat) and penological claims, explaining how some of the tenets of penal liberalism (such as principle of legality and separation of powers) were affected by penal modernism, even with the rise of authoritarian regimes. It examines the dilemmas provoked by criminology focusing on the role of the judge in the execution of sentences, the distribution of sentencing powers among judicial and administrative bodies, the balance between social security and individual guarantees, and the inconsistencies of preventive detention. Filling a notable gap in Anglo-American literature by providing a sophisticated panoramic analysis of the development of criminology in late nineteenth and first half of the twentieth century Europe, Reinventing Punishment will be of interest to scholars of criminology, criminal law, and criminal justice studies, as well as legal historians and theorists.
Author: Michele Pifferi
Publisher: Clarendon Studies in Criminolo
ISBN: 9780198743217
Category : Law
Languages : en
Pages : 0
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Book Description
Providing a historical analysis of the impact of criminology on the rationale of punishment and the sentencing systems in Europe and the US between the 1870s and the 1930s, Reinventing Punishment: A Comparative History of Criminology and Penology in the 19th and 20th Century investigates and contrasts the rise of the principles of individualisation of punishment, social defence, preventive justice, and indeterminate sentencing. The manner in which American and European jurisprudence enforced these ideas resulted in the emergence of two different penological identities: the American penal reform movement led to the adoption of the indeterminate sentence system, whereas the European criminological approach resulted in the formulation of the dual track system with punishment and measures of security. This theoretical divide, discussed at many international congresses and in studies of comparative criminal law, not only reflects two different ideas on the legitimacy and purpose of punishment, but also corresponds to two different constitutional views of criminal law. The book considers the relation between constitutional frameworks (rule of law and Rechtsstaat) and penological claims, explaining how some of the tenets of penal liberalism (such as principle of legality and separation of powers) were affected by penal modernism, even with the rise of authoritarian regimes. It examines the dilemmas provoked by criminology focusing on the role of the judge in the execution of sentences, the distribution of sentencing powers among judicial and administrative bodies, the balance between social security and individual guarantees, and the inconsistencies of preventive detention. Filling a notable gap in Anglo-American literature by providing a sophisticated panoramic analysis of the development of criminology in late nineteenth and first half of the twentieth century Europe, Reinventing Punishment will be of interest to scholars of criminology, criminal law, and criminal justice studies, as well as legal historians and theorists.
Author: Michele Pifferi
Publisher:
ISBN: 9780191803079
Category : Criminal justice, Administration of
Languages : en
Pages : 305
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Book Description
A comparative approach to the history of criminology and penology between 1870s and 1930s, charting the history of the influence of criminological ideas on criminal law systems and sentencing methods and providing an interpretation of the divide between American and European penologies.
Author: Michele Pifferi
Publisher: Routledge
ISBN: 1000476294
Category : History
Languages : en
Pages : 302
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Book Description
The Limits of Criminological Positivism: The Movement for Criminal Law Reform in the West, 1870-1940 presents the first major study of the limits of criminological positivism in the West and establishes the subject as a field of interest. The volume will explore those limits and bring to life the resulting doctrinal, procedural, and institutional compromises of the early twentieth century that might be said to have defined modern criminal justice administration. The book examines the topic not only in North America and western Europe, with essays on Italy, Germany, France, Spain, the United Kingdom, Belgium, and Finland but also the reception and implementation of positivist ideas in Brazil. In doing so, it explores three comparative elements: (1) the differing national experiences within the civil law world; (2) differences and similarities between civil law and common law regimes; and (3) some differences between the two leading common-law countries. It interrogates many key aspects of current penal systems, such as the impact of extra-legal scientific knowledge on criminal law, preventive detention, the ‘dual-track’ system with both traditional punishment and novel measures of security, the assessment of offenders’ dangerousness, juvenile justice, and the indeterminate sentence. As a result, this study contributes to a critical understanding of some inherent contradictions characterizing criminal justice in contemporary western societies. Written in a straight-forward and direct manner, this volume will be of great interest to academics and students researching historical criminology, philosophy, political science, and legal history.
Author: David Garland
Publisher: Harvard University Press
ISBN: 0674058488
Category : History
Languages : en
Pages : 428
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Book Description
The U.S. death penalty is a peculiar institution, and a uniquely American one. Despite its comprehensive abolition elsewhere in the Western world, capital punishment continues in dozens of American states– a fact that is frequently discussed but rarely understood. The same puzzlement surrounds the peculiar form that American capital punishment now takes, with its uneven application, its seemingly endless delays, and the uncertainty of its ever being carried out in individual cases, none of which seem conducive to effective crime control or criminal justice. In a brilliantly provocative study, David Garland explains this tenacity and shows how death penalty practice has come to bear the distinctive hallmarks of America’s political institutions and cultural conflicts. America’s radical federalism and local democracy, as well as its legacy of violence and racism, account for our divergence from the rest of the West. Whereas the elites of other nations were able to impose nationwide abolition from above despite public objections, American elites are unable– and unwilling– to end a punishment that has the support of local majorities and a storied place in popular culture. In the course of hundreds of decisions, federal courts sought to rationalize and civilize an institution that too often resembled a lynching, producing layers of legal process but also delays and reversals. Yet the Supreme Court insists that the issue is to be decided by local political actors and public opinion. So the death penalty continues to respond to popular will, enhancing the power of criminal justice professionals, providing drama for the media, and bringing pleasure to a public audience who consumes its chilling tales. Garland brings a new clarity to our understanding of this peculiar institution– and a new challenge to supporters and opponents alike.
Author: Jan W de Keijser
Publisher: Bloomsbury Publishing
ISBN: 1509921435
Category : Law
Languages : en
Pages : 304
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Book Description
Predictive Sentencing addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision-making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in sentencing. Although structured risk assessments may have replaced 'gut feelings', and have now been systematically implemented in Western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology.
Author: Karol M Lucken
Publisher: Routledge
ISBN: 1317486978
Category : Social Science
Languages : en
Pages : 193
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Book Description
There are visible signs that the "get-tough" era of punishment is finally winding down. A "get-smart" agenda has emerged that aims to reduce costs and crime by reducing the incarceration of non-violent drug offenders, expanding use of community-based corrections, revising sentencing structures, and supporting offender re-entry into the community. This change in policy affords an opportunity to re-examine and challenge certain other conventions in the study and practice of punishment. Each chapter of Rethinking Punishment examines a convention and posits arguments that challenge that convention and expand the conversation. These arguments are based on the prior literature, existing and original data, and historical documents. These conventions and arguments for rethinking punishment are framed accordingly: Justifying Penal Policy Defining the Attributes of Punishment Measuring the Scope and Severity of Punishment Evaluating Effectiveness in Punishment Finally, the author provides specific recommendations for research and policy based on these original arguments. Drawing on underlying philosophical, empirical and political issues and offering a critical discussion of the relationship between research, policy and practice, this book makes compelling and instructive reading for students taking courses in criminal justice, corrections, philosophy of punishment, the sociology of punishment, and law and justice.
Author: MICHELE. PIFFERI
Publisher:
ISBN: 9780191060960
Category : Criminal justice, Administration of
Languages : en
Pages :
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Book Description
A comparative approach to the history of criminology and penology between 1870s and 1930s, charting the history of the influence of criminological ideas on criminal law systems and sentencing methods and providing an interpretation of the divide between American and European penologies.
Author: Vivien M. L. Miller
Publisher:
ISBN:
Category : Contract labor
Languages : en
Pages : 25
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Book Description
Author: Gerry J. Simpson
Publisher: John Wiley & Sons
ISBN: 0745657311
Category : Law
Languages : en
Pages : 249
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Book Description
From events at Nuremberg and Tokyo after World War II, to the recent trials of Slobodan Milošević and Saddam Hussein, war crimes trials are an increasingly pervasive feature of the aftermath of conflict. In his new book, Law, War and Crime, Gerry Simpson explores the meaning and effect of such trials, and places them in their broader political and cultural contexts. The book traces the development of the war crimes field from its origins in the outlawing of piracy to its contemporary manifestation in the establishment of the International Criminal Court in The Hague. Simpson argues that the field of war crimes is constituted by a number of tensions between, for example, politics and law, local justice and cosmopolitan reckoning, collective guilt and individual responsibility, and between the instinct that war, at worst, is an error and the conviction that war is a crime. Written in the wake of an extraordinary period in the life of the law, the book asks a number of critical questions. What does it mean to talk about war in the language of the criminal law? What are the consequences of seeking to criminalise the conduct of one's enemies? How did this relatively new phenomenon of putting on trial perpetrators of mass atrocity and defeated enemies come into existence? This book seeks to answer these important questions whilst shedding new light on the complex relationship between law, war and crime.
Author: United States. Department of Labor
Publisher:
ISBN:
Category : Labor laws and legislation
Languages : en
Pages : 60
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Book Description
