The Barbaric Punishment

The Barbaric Punishment PDF Author: Hans Göran Franck
Publisher: BRILL
ISBN: 9004480277
Category : Law
Languages : en
Pages : 175

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Book Description
In this volume, Swedish human rights activist and political figure, Hans Göran Franck, examines the administration of the death penalty from a historical perspective. The author's opinions are based on his lifelong work and devotion to abolishing the 'barbaric punishment'. Building upon previously unpublished material and considerable detail drawn from Franck's personal experiences, it focuses on both the progressive developments within European countries and institutions over several decades, and the frustratingly retrograde situation that prevails in the United States. The author dedicated this book to those facing a sentence of death. During the course of his work, the author traveled to numerous countries and met many condemned men and women. Publication of this important volume, which comes a few years after Hans Göran Franck's untimely passing, coincides with a major development to which he contributed, the adoption of Protocol No. 13 to the European Convention on Human Rights, which abolishes capital punishment in both wartime and peacetime. William A. Schabas a law professor who specializes in the subject of capital punishment, has ensured that the manuscript is up to date, and contributed the introductory chapter.

The Barbaric Punishment

The Barbaric Punishment PDF Author: Hans Göran Franck
Publisher: BRILL
ISBN: 9004480277
Category : Law
Languages : en
Pages : 175

Get Book Here

Book Description
In this volume, Swedish human rights activist and political figure, Hans Göran Franck, examines the administration of the death penalty from a historical perspective. The author's opinions are based on his lifelong work and devotion to abolishing the 'barbaric punishment'. Building upon previously unpublished material and considerable detail drawn from Franck's personal experiences, it focuses on both the progressive developments within European countries and institutions over several decades, and the frustratingly retrograde situation that prevails in the United States. The author dedicated this book to those facing a sentence of death. During the course of his work, the author traveled to numerous countries and met many condemned men and women. Publication of this important volume, which comes a few years after Hans Göran Franck's untimely passing, coincides with a major development to which he contributed, the adoption of Protocol No. 13 to the European Convention on Human Rights, which abolishes capital punishment in both wartime and peacetime. William A. Schabas a law professor who specializes in the subject of capital punishment, has ensured that the manuscript is up to date, and contributed the introductory chapter.

Civilization and Barbarism

Civilization and Barbarism PDF Author: Graeme R. Newman
Publisher: State University of New York Press
ISBN: 1438478135
Category : Social Science
Languages : en
Pages : 282

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Book Description
The practice of mass incarceration has come under increasing criticism by criminologists and corrections experts who, nevertheless, find themselves at a loss when it comes to offering credible, practical, and humane alternatives. In Civilization and Barbarism, Graeme R. Newman argues this impasse has arisen from a refusal to confront the original essence of punishment, namely, that in some sense it must be painful. He begins with an exposition of the traditional philosophical justifications for punishment and then provides a history of criminal punishment. He shows how, over time, the West abandoned short-term corporal punishment in favor of longer-term incarceration, justifying a massive bureaucratic prison complex as scientific and civilized. Newman compels the reader to confront the biases embedded in this model and the impossibility of defending prisons as a civilized form of punishment. A groundbreaking work that challenges the received wisdom of "corrections," Civilization and Barbarism asks readers to reconsider moderate corporal punishment as an alternative to prison and, for the most serious offenders, forms of incapacitation without prison. The book also features two helpful appendixes: a list of debating points, with common criticisms and their rebuttals, and a chronology of civilized punishments.

Insane

Insane PDF Author: Alisa Roth
Publisher: Basic Books
ISBN: 0465094201
Category : Law
Languages : en
Pages : 340

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Book Description
An urgent exposéf the mental health crisis in our courts, jails, and prisons America has made mental illness a crime. Jails in New York, Los Angeles, and Chicago each house more people with mental illnesses than any hospital. As many as half of all people in America's jails and prisons have a psychiatric disorder. One in four fatal police shootings involves a person with such disorders. In this revelatory book, journalist Alisa Roth goes deep inside the criminal justice system to show how and why it has become a warehouse where inmates are denied proper treatment, abused, and punished in ways that make them sicker. Through intimate stories of people in the system and those trying to fix it, Roth reveals the hidden forces behind this crisis and suggests how a fairer and more humane approach might look. Insane is a galvanizing wake-up call for criminal justice reformers and anyone concerned about the plight of our most vulnerable.

An Eye for an Eye

An Eye for an Eye PDF Author: Mitchel P. Roth
Publisher: Reaktion Books
ISBN: 1780233817
Category : History
Languages : en
Pages : 344

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Book Description
From “an eye for an eye” to debates over capital punishment, humanity has a long and controversial relationship with doling out justice for criminal acts. Today, crime and punishment remain significant parts of our culture, but societies vary greatly on what is considered criminal and how it should be punished. In this global survey of crime and punishment throughout history, Mitchel P. Roth examines how and why we penalize certain activities, and he scrutinizes the effectiveness of such efforts in both punishing wrongdoers and bringing a sense of justice to victims. Drawing on anthropology, archaeology, folklore, and literature, Roth chronicles the global history of crime and punishment—from early civilizations to the outlawing of sex crimes and serial homicide to the development of organized crime and the threat today of global piracy. He explores the birth of the penitentiary and the practice of incarceration as well as the modern philosophy of rehabilitation, arguing that these are perhaps the most important advances in the effort to safeguard citizens from harm. Looking closely at the retributions societies have condoned, Roth also look at execution and its many forms, showing how stoning, hemlock, the firing squad, and lethal injection are considered either barbaric or justified across different cultures. Ultimately, he illustrates that despite advances in every level of human experience, there is remarkable continuity in what is considered a crime and the sanctions administered. Perfect for students, academics, and general readers alike, this interdisciplinary book provides a fascinating look at criminality and its consequences.

Rights Forfeiture and Punishment

Rights Forfeiture and Punishment PDF Author: Christopher Heath Wellman
Publisher: Oxford University Press
ISBN: 019027476X
Category : Law
Languages : en
Pages : 241

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Book Description
In Rights Forfeiture and Punishment, Christopher Heath Wellman argues that those who seek to defend the moral permissibility of punishment should shift their focus from general justifying aims to moral side constraints. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment.

The Meaning of Life

The Meaning of Life PDF Author: Marc Mauer
Publisher: The New Press
ISBN: 162097410X
Category : Law
Languages : en
Pages : 154

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Book Description
"I can think of no authors more qualified to research the complex impact of life sentences than Marc Mauer and Ashley Nellis. They have the expertise to track down the information that all citizens need to know and the skills to translate that research into accessible and powerful prose." —Heather Ann Thompson, author of the Pulitzer Prize–winning Blood in the Water From the author of the classic Race to Incarcerate, a forceful and necessary argument for eliminating life sentences, including profiles of six people directly impacted by life sentences by formerly incarcerated author Kerry Myers Most Western democracies have few or no people serving life sentences, yet here in the United States more than 200,000 people are sentenced to such prison terms. Marc Mauer and Ashley Nellis of The Sentencing Project argue that there is no practical or moral justification for a sentence longer than twenty years. Harsher sentences have been shown to have little effect on crime rates, since people "age out" of crime—meaning that we're spending a fortune on geriatric care for older prisoners who pose little threat to public safety. Extreme punishment for serious crime also has an inflationary effect on sentences across the spectrum, helping to account for severe mandatory minimums and other harsh punishments. A thoughtful and stirring call to action, The Meaning of Life also features moving profiles of a half dozen people affected by life sentences, written by former "lifer" and award-winning writer Kerry Myers. The book will tie in to a campaign spearheaded by The Sentencing Project and offers a much-needed road map to a more humane criminal justice system.

In Defense of Flogging

In Defense of Flogging PDF Author: Peter Moskos
Publisher: Hachette UK
ISBN: 0465023797
Category : Social Science
Languages : en
Pages : 192

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Book Description
Prisons impose tremendous costs, yet they're easily ignored. Criminals -- even low-level nonviolent offenders -- enter our dysfunctional criminal justice system and disappear into a morass that's safely hidden from public view. Our "tough on crime" political rhetoric offers us no way out, and prison reformers are too quickly dismissed as soft on criminals. Meanwhile, the taxpayer picks up the extraordinary and unnecessary bill. In Defense of Flogging presents a solution both radical and simple: give criminals a choice between incarceration and the lash. Flogging is punishment: quick, cheap, and honest. Noted criminologist Peter Moskos, in irrefutable style, shows the logic of the new system while highlighting flaws in the status quo. Flogging may be cruel, but In Defense of Flogging shows us that compared to our broken prison system, it is the lesser of two evils.

Peculiar Institution

Peculiar Institution PDF 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.

The Ends of Harm

The Ends of Harm PDF Author: Victor Tadros
Publisher: Oxford University Press, USA
ISBN: 0199554420
Category : Law
Languages : en
Pages : 385

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Book Description
How can the brutal and costly enterprise of criminal punishment be justified? This book makes a provocative, original contribution to the philosophical literature and debate on the morality of punishing, arguing that punishment is justified in the duties that offenders incur as a result of their wrongdoing.

Cesare Beccaria

Cesare Beccaria PDF Author: John Hostettler
Publisher: Waterside Press
ISBN: 1904380638
Category : History
Languages : en
Pages : 163

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Book Description
In 18th-century continental Europe, penal law and what passed for justice were barbaric: gallows were a regular feature of the landscape, branding and mutilation were common, and there existed the ghastly spectacle of people being broken on the wheel. To make matters worse, offenders were often tortured or put to death for quite minor crimes and often without any semblance of a proper trial. Like a bombshell, a book entitled On Crimes and Punishments exploded onto the scene in 1764 with shattering effect. Its author was a young man from a privileged background, named Cesare Beccaria (1738-1794). A central message of that now classic work was that such punishments belonged to 'a war of nations against their citizens' and should be abolished. It was a cri de coeur for thorough reform of the law affecting penal law and punishments, and it swept across the continent of Europe like wildfire, being adopted by one ruler after another. It even crossed the Atlantic to the new United States, into the hands of President Thomas Jefferson. Civilized penal law remains a highly topical issue, and this book examines where it all began, with the influence of Cesare Beccaria.