Overcriminalization

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Overcriminalization

Author : Douglas N. Husak
ISBN : 9780195399011
Genre : Law
File Size : 35.1 MB
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In the US, one out of every 138 residents is incarcerated. The size of the prison population has quadrupled since 1980. Approximately 2.4% of Americans are either on probation and parole. The US has the highest rate of criminal punishment in the Western world. The problem with American criminal law, as the philosopher of law Douglas Husak and many others see it, is that there is simply too much of it. Recent years have seen a dramatic expansion in the amount of criminal statutes, and in the resulting reliance on punishment for convictions under those laws. Husak argues that this is regrettable for several reasons, but most importantly, he says that much of the resulting punishment is unjust, excessive, and disproportionate. He also claims that it is destructive to the rule of law and undermines the principle of legality. What should be done? Husak's goal in this book is formulate a normative theory of criminalization that will allow us to distinguish which criminal laws are justified, and which are not--something he sees this as essential in order to reverse the trend towards too many criminal laws. The first part of his book makes the case that there is both too much criminal law and too much punishment, and clarifies the relationship between the two using empirical data. He then provides examples of dubious criminal laws enacted by legislatures, in particular statutes on drugs possession and guns. The latter part of the book develops his theory, which establishes principles that should set limits (both external and internal to the criminal law) on what we can and should criminalize.
Category: Law

Ending Overcriminalization And Mass Incarceration

Author : Anthony B. Bradley
ISBN : 9781108632409
Genre : Law
File Size : 49.39 MB
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Mass incarceration is an overwhelming problem and reforms are often difficult, leading to confusion about what to do and where to start. Ending Overcriminalization and Mass Incarceration: Hope from Civil Society introduces the key issues that need immediate attention and provides concrete direction about effective solutions systemically and relationally. In this work Anthony B. Bradley recognizes that offenders are persons with inherent dignity. Mass incarceration results from the systemic breakdown of criminal law procedure and broken communities. Using the principle of personalism, attention is drawn to those areas that directly contact the lives of offenders and determine their fate. Bradley explains how reform must be built from the person up, and once these areas are reformed our law enforcement culture will change for the better. Taking an innovative approach, Anthony B. Bradley explores what civic institutions need to do to prevent people from falling into the criminal justice system and recidivism for those released from prison.
Category: Law

Criminalization

Author : R A Duff
ISBN : 9780191043369
Genre : Law
File Size : 73.81 MB
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The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The fourth book in the series examines the political morality of the criminal law, exploring general principles and theories of criminalization. Chapters provide accounts of the criminal law in the light of ambitious theories about moral and political philosophy - republicanism and contractarianism, or reflect upon on the success of important theories of criminalization by viewing them in a novel light. Ideas that are fundamental to any complete theory of the criminal law - liberty, harm, and the effect on victims - are investigated in depth. Sociological investigation of the criminal law grounds a critical investigation into the principles of criminalization, both as a legislative matter, and with respect to criminalization practices, in contemporary and historical contexts. The volume broadens our conceptions of the theory of criminalization, and clarifies the role of the series in the development of this theory. It is essential reading for all interested in legal, political, and social theories of criminalization.
Category: Law

Foundational Texts In Modern Criminal Law

Author : Markus D Dubber
ISBN : 9780191654626
Genre : Law
File Size : 88.29 MB
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Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.
Category: Law

Sex Drugs Death And The Law

Author : David A. J. Richards
ISBN : 0847675254
Genre : Social Science
File Size : 39.45 MB
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Among the most commonly argued legal questions are those involving "victimless" crimes--consensual adult sexual relations (including homosexuality and prostitution), the use of drugs, and the right to die. How can they be distinguished from proper crimes, and how can we, as citizens, judge the complex moral and legal issues that such questions entail? David Richards, a teacher of law in the areas of constitutional and criminal law, and a moral and legal philosopher concerned with the investigation of legal concepts, applies an interdisciplinary approach to the question of overcriminalization, he draws on legal and philosophical arguments and links the subject to history, psychology, social science, and literature. To demonstrate how gross and unjust overcriminalization has developed, Professor Richards explores basic assumptions that often underlie the common American sense of proper criminalization.
Category: Social Science

Regulatory Crime

Author : United States. Congress. House. Committee on the Judiciary. Over-Criminalization Task Force of 2013
ISBN : MINN:31951D03653741A
Genre : Criminal act
File Size : 55.24 MB
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Category: Criminal act

The Boundaries Of The Criminal Law

Author : Antony Duff
ISBN : 9780199600557
Genre : Law
File Size : 63.81 MB
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This is the first book of a series on criminalization - examining the principles and goals that should guide what kinds of conduct are to be criminalized, and the forms that criminalization should take. The first volume studies the scope and boundaries of the criminal law - asking what principled limits might be placed on criminalizing behaviour.
Category: Law

Over Criminalization Of Conduct

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security
ISBN : UOM:39015090381750
Genre : Criminal jurisdiction
File Size : 68.66 MB
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Category: Criminal jurisdiction

Michigan Law Review

Author :
ISBN : UCAL:B5457144
Genre : Law reviews
File Size : 30.43 MB
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Category: Law reviews

Suppression Of Terrorist Financing

Author : Hamed Tofangsaz
ISBN : 9781793619501
Genre :
File Size : 21.93 MB
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This book closely and extensively examines international penal measures (criminalization and confiscation) of terrorist financing, the notions on which the measures are based, their adoption and application by countries, and their (un)justifiability with regard to the principles of criminal law, human rights, and democratic values.--Roger S. Clark, Board of Governors Professor, Rutgers Law School, Camden, New Jersey
Category:

Over Federalization

Author : United States. Congress. House. Committee on the Judiciary. Over-Criminalization Task Force of 2014
ISBN : MINN:31951D03780415D
Genre : Criminal jurisdiction
File Size : 62.24 MB
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Category: Criminal jurisdiction

The Constitution Of The Criminal Law

Author : R. A. Duff
ISBN : 9780191655289
Genre : Law
File Size : 70.77 MB
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The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.
Category: Law

Criminal Justice

Author : George F. Cole
ISBN : UOM:39015011904896
Genre : Criminal justice, Administration of
File Size : 80.2 MB
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Category: Criminal justice, Administration of

Moral Order And The Criminal Law

Author : O. Lee
ISBN : 9789401024389
Genre : Law
File Size : 79.91 MB
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XIV Seen as a whole, however, I regard the work before us to be especially noteworthy precisely because of its illumination of both the social contexts surrounding the law and the ideas which underlie the efforts towards criminal law reform. An analysis of this kind has not appeared until now, to my knowledge, even in the German literature on the subject, so that this book is of great value to ·the German reader as well as the American. B. Particulars In Chapter IV: A the authors give a general introduction into the development of the German criminal law reform. In that connection they recognize the special role of the Christian Democratic (CDU), Socialist (SPD) coalition in the political situation [leading to passage of the reform law]. The authors emphasize the importance of the introduction of a uniform prison sentence [that is to say ·the termination of the distinction between kinds of prison sentences] and the elimination of short term prison sentences, as the main points of the reform in the "general part" of the code. They remark (pages 170; 192) that a uniform concept of the goal of punishment is still lacking, although, when all is said, there is a general agreement on the principle of resocialization.
Category: Law

Washington State Bar News

Author :
ISBN : STANFORD:36105061174160
Genre : Bar associations
File Size : 69.76 MB
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Category: Bar associations

After Imprisonment

Author : Austin Sarat
ISBN : 9781787692701
Genre : Law
File Size : 79.53 MB
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Studies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles in interdisciplinary legal scholarship. This volume features a special section with papers dedicated to life after imprisonment. The chapters examine issues around offender rehabilitation, overcriminalization, and mass incarceration.
Category: Law