Douglas Husak
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780195328714
- eISBN:
- 9780199869947
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195328714.001.0001
- Subject:
- Philosophy, Moral Philosophy
The United States suffers from too much criminal law and too much punishment. These two trends conspire to produce massive injustice. To rectify this injustice, we need to defend and implement a ...
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The United States suffers from too much criminal law and too much punishment. These two trends conspire to produce massive injustice. To rectify this injustice, we need to defend and implement a theory of criminalization: a set of constraints that limit the authority of states to enact and enforce penal offenses. Although the topic of criminalization is of enormous theoretical and practical significance, no Anglo–American theorist has yet developed such a theory. The central objective of this book is to defend a theory of criminalization, and to situate it within contemporary scholarship by legal philosophers. Many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself—even though these resources have not been used explicitly for this purpose. Several additional constraints emerge from a political view about the conditions under which important rights—such as the rights implicated by punishment—may be infringed. When conjoined, these constraints generate a minimalist theory of criminal liability. These constraints are applied to a handful of examples—most notably but not exclusively to drug proscriptions, which are the most significant cause of the growth in the criminal justice system. This book concludes by showing that the minimalist theory defended here is vastly superior to any of the competitive accounts of criminalization that legal philosophers have produced.Less
The United States suffers from too much criminal law and too much punishment. These two trends conspire to produce massive injustice. To rectify this injustice, we need to defend and implement a theory of criminalization: a set of constraints that limit the authority of states to enact and enforce penal offenses. Although the topic of criminalization is of enormous theoretical and practical significance, no Anglo–American theorist has yet developed such a theory. The central objective of this book is to defend a theory of criminalization, and to situate it within contemporary scholarship by legal philosophers. Many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself—even though these resources have not been used explicitly for this purpose. Several additional constraints emerge from a political view about the conditions under which important rights—such as the rights implicated by punishment—may be infringed. When conjoined, these constraints generate a minimalist theory of criminal liability. These constraints are applied to a handful of examples—most notably but not exclusively to drug proscriptions, which are the most significant cause of the growth in the criminal justice system. This book concludes by showing that the minimalist theory defended here is vastly superior to any of the competitive accounts of criminalization that legal philosophers have produced.
John McGarry and Brendan O'Leary
- Published in print:
- 2004
- Published Online:
- August 2004
- ISBN:
- 9780199266579
- eISBN:
- 9780191601446
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199266573.003.0006
- Subject:
- Political Science, UK Politics
The chapter is highly critical of the Wilson cabinet's failure to defend Northern Ireland's first consociational experiment, the Sunningdale Agreement, although it concedes that this agreement may ...
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The chapter is highly critical of the Wilson cabinet's failure to defend Northern Ireland's first consociational experiment, the Sunningdale Agreement, although it concedes that this agreement may have had an inevitable encounter with a coroner. It analyses the government's reaction to the 1974 strike by the Ulster Workers Council, which led to the demise of Sunningdale. The chapter also illustrates the limits of the Callaghan government's policies in Northern Ireland, including its flawed experiments in ‘Ulsterization’, ‘normalization’, and ‘criminalization’.Less
The chapter is highly critical of the Wilson cabinet's failure to defend Northern Ireland's first consociational experiment, the Sunningdale Agreement, although it concedes that this agreement may have had an inevitable encounter with a coroner. It analyses the government's reaction to the 1974 strike by the Ulster Workers Council, which led to the demise of Sunningdale. The chapter also illustrates the limits of the Callaghan government's policies in Northern Ireland, including its flawed experiments in ‘Ulsterization’, ‘normalization’, and ‘criminalization’.
Leslie Holmes
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199244096
- eISBN:
- 9780191600371
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019924409X.003.0008
- Subject:
- Political Science, Democratization
Examines the internationalization of crime and corruption in post‐communist states and its serious implications for both established democracies and democratizing countries. The main hypothesis is ...
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Examines the internationalization of crime and corruption in post‐communist states and its serious implications for both established democracies and democratizing countries. The main hypothesis is that the post‐communist regimes have experienced legitimacy problems because of popular perceptions that the new putatively democratizing systems are often too tolerant of the new criminality, and in some cases directly involved with benefiting from it. The section of the chapter provides a brief overview of the crime situation in the region, highlighting changes in the incidence of crime. The second and third parts of the chapter are concerned with the rise of crime in terms of the interplay of domestic and international/transnational factors. In the fourth section, the implications of the rise of crime for the whole democratization and transition project are assessed. The fifth section provides an overview of international responses to crime in Central Eastern Europe and Former Soviet Union states. The conclusions to the chapter locate the criminalization issue in the broader context of the problems besetting post‐communist transition and democratic consolidation.Less
Examines the internationalization of crime and corruption in post‐communist states and its serious implications for both established democracies and democratizing countries. The main hypothesis is that the post‐communist regimes have experienced legitimacy problems because of popular perceptions that the new putatively democratizing systems are often too tolerant of the new criminality, and in some cases directly involved with benefiting from it. The section of the chapter provides a brief overview of the crime situation in the region, highlighting changes in the incidence of crime. The second and third parts of the chapter are concerned with the rise of crime in terms of the interplay of domestic and international/transnational factors. In the fourth section, the implications of the rise of crime for the whole democratization and transition project are assessed. The fifth section provides an overview of international responses to crime in Central Eastern Europe and Former Soviet Union states. The conclusions to the chapter locate the criminalization issue in the broader context of the problems besetting post‐communist transition and democratic consolidation.
R.A. Duff, Lindsay Farmer, S.E. Marshall, Massimo Renzo, and Victor Tadros (eds)
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199644315
- eISBN:
- 9780191732249
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199644315.001.0001
- Subject:
- Law, Criminal Law and Criminology, Philosophy of Law
This book is part of a series arising from an interdisciplinary investigation into the issue of criminalization, focussing on the principles and goals that should guide decisions about what kinds of ...
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This book is part of a series arising from an interdisciplinary investigation into the issue of criminalization, focussing on the principles and goals that should guide decisions about what kinds of conduct are to be criminalized, and the forms that criminalization should take. This is the second volume in the series and it concerns itself with the structures of criminal law in three different senses. The first examines the internal structure of the criminal law itself and the questions posed by familiar distinctions between which offences are typically analysed. These questions of classification include discussion of the growing range of crimes and the problems posed by this broadening of definition. Should traditional ideas and conceptions of the criminal law be reshaped in light of recent developments or should these developments be criticized and refuted? Structures of criminal law also refer to the place of the criminal law within the larger structure of the law. Here, the book examines the relationships with and between the criminal law and other aspects of law, particularly private law and public law. It also looks at how the criminal law is made, and by whom. Finally, the third sense of structure is outlined — the relationships between legal structures and social and political structures. What place does the criminal law have within the existing political and social landscapes? What are the influences, both political and social, upon the criminal law, and should they be allowed to influence the law in this fashion? What is its proper role?Less
This book is part of a series arising from an interdisciplinary investigation into the issue of criminalization, focussing on the principles and goals that should guide decisions about what kinds of conduct are to be criminalized, and the forms that criminalization should take. This is the second volume in the series and it concerns itself with the structures of criminal law in three different senses. The first examines the internal structure of the criminal law itself and the questions posed by familiar distinctions between which offences are typically analysed. These questions of classification include discussion of the growing range of crimes and the problems posed by this broadening of definition. Should traditional ideas and conceptions of the criminal law be reshaped in light of recent developments or should these developments be criticized and refuted? Structures of criminal law also refer to the place of the criminal law within the larger structure of the law. Here, the book examines the relationships with and between the criminal law and other aspects of law, particularly private law and public law. It also looks at how the criminal law is made, and by whom. Finally, the third sense of structure is outlined — the relationships between legal structures and social and political structures. What place does the criminal law have within the existing political and social landscapes? What are the influences, both political and social, upon the criminal law, and should they be allowed to influence the law in this fashion? What is its proper role?
Francis Wing-lin Lee
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9789888028801
- eISBN:
- 9789882207226
- Item type:
- chapter
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789888028801.003.0009
- Subject:
- Society and Culture, Asian Studies
A multitude of services are utilized in efforts for assisting youth-at-risk to re-establish a pro-social lifestyle. While cooperation and multi-level interventions are needed since there are multiple ...
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A multitude of services are utilized in efforts for assisting youth-at-risk to re-establish a pro-social lifestyle. While cooperation and multi-level interventions are needed since there are multiple causes for youth-at-risk problems, conventional approaches include working with youths-at-risk individually, their peers, their families, their schools, and their communities. The three perspectives traditionally employed in examining deviance and youth problems are the sociological perspective, the psychological perspective, and the physiological perspective. This chapter suggests that “user or client participation” may be the most effective way at working at the individual level since youths-at-risk feel encouraged to participate in the helping process when given the chance. Also, the chapter presents the criminalization process as a method for better understanding gradual engagement in crime and delinquency.Less
A multitude of services are utilized in efforts for assisting youth-at-risk to re-establish a pro-social lifestyle. While cooperation and multi-level interventions are needed since there are multiple causes for youth-at-risk problems, conventional approaches include working with youths-at-risk individually, their peers, their families, their schools, and their communities. The three perspectives traditionally employed in examining deviance and youth problems are the sociological perspective, the psychological perspective, and the physiological perspective. This chapter suggests that “user or client participation” may be the most effective way at working at the individual level since youths-at-risk feel encouraged to participate in the helping process when given the chance. Also, the chapter presents the criminalization process as a method for better understanding gradual engagement in crime and delinquency.
Francis Wing-lin Lee
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9789888028801
- eISBN:
- 9789882207226
- Item type:
- chapter
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789888028801.003.0017
- Subject:
- Society and Culture, Asian Studies
In putting a stop to the criminalization process, the gradual procession in which a juvenile delinquent develops into an adult criminal because of insufficient intervention, intermediate intervention ...
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In putting a stop to the criminalization process, the gradual procession in which a juvenile delinquent develops into an adult criminal because of insufficient intervention, intermediate intervention is employed. This program enables the court to require attendance in one or more treatment groups for the probation order of a young offender. Effective rehabilitation and aftercare supervision involve measuring the effects of these programs through analyzing both hard and soft data. Whether these supervision measures are based on group guidance or individual work or interviews, mutual trust proves to be an integral factor. Before a consensus is arrived at regarding the most appropriate RJ measures, it is important that a mixed criminal justice model be continuously applied. This chapter emphasizes the need for utilizing CBTs, participation in therapeutic treatment groups, and support for these groups.Less
In putting a stop to the criminalization process, the gradual procession in which a juvenile delinquent develops into an adult criminal because of insufficient intervention, intermediate intervention is employed. This program enables the court to require attendance in one or more treatment groups for the probation order of a young offender. Effective rehabilitation and aftercare supervision involve measuring the effects of these programs through analyzing both hard and soft data. Whether these supervision measures are based on group guidance or individual work or interviews, mutual trust proves to be an integral factor. Before a consensus is arrived at regarding the most appropriate RJ measures, it is important that a mixed criminal justice model be continuously applied. This chapter emphasizes the need for utilizing CBTs, participation in therapeutic treatment groups, and support for these groups.
Stephen Shute and Andrew Simester (eds)
- Published in print:
- 2002
- Published Online:
- January 2010
- ISBN:
- 9780199243495
- eISBN:
- 9780191714177
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199243495.001.0001
- Subject:
- Law, Criminal Law and Criminology
Written by philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into the doctrines that make up the general part of the ...
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Written by philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into the doctrines that make up the general part of the criminal law. It sheds theoretical light on the diversity and unity of the general part and advances our understanding of such key issues as criminalisation, omissions, voluntary actions, knowledge, belief, reckelssness, duress, self-defence, entrapment and officially-induced mistake of law.Less
Written by philosophers and lawyers from the United States and the United Kingdom, this collection of original essays offers new insights into the doctrines that make up the general part of the criminal law. It sheds theoretical light on the diversity and unity of the general part and advances our understanding of such key issues as criminalisation, omissions, voluntary actions, knowledge, belief, reckelssness, duress, self-defence, entrapment and officially-induced mistake of law.
Douglas Husak
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199585038
- eISBN:
- 9780191723476
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199585038.003.0006
- Subject:
- Law, Philosophy of Law
This chapter shows that an offense is consummate if the conduct it proscribes causes harm on each occasion on which it is performed. The paradigm, ‘core’ examples of crimes in any jurisdiction, ...
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This chapter shows that an offense is consummate if the conduct it proscribes causes harm on each occasion on which it is performed. The paradigm, ‘core’ examples of crimes in any jurisdiction, satisfies this description. But some offenses proscribe conduct that does not cause harm on each occasion in which it is performed. Such offenses are called nonconsummate (or anticipatory or inchoate). Statutes that proscribe drug possession are examples of nonconsummate offenses. The chapter tries to make some headway in identifying the moral limits of the criminal law in creating and enforcing nonconsummate offenses.Less
This chapter shows that an offense is consummate if the conduct it proscribes causes harm on each occasion on which it is performed. The paradigm, ‘core’ examples of crimes in any jurisdiction, satisfies this description. But some offenses proscribe conduct that does not cause harm on each occasion in which it is performed. Such offenses are called nonconsummate (or anticipatory or inchoate). Statutes that proscribe drug possession are examples of nonconsummate offenses. The chapter tries to make some headway in identifying the moral limits of the criminal law in creating and enforcing nonconsummate offenses.
Catharine Cookson
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195129441
- eISBN:
- 9780199834105
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019512944X.003.0008
- Subject:
- Religion, Religion and Society
The use of spiritual healing methods by parents to heal their children presents a hard free exercise case, and this chapter examines several of these key cases from the nineteenth and twentieth ...
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The use of spiritual healing methods by parents to heal their children presents a hard free exercise case, and this chapter examines several of these key cases from the nineteenth and twentieth centuries. Criminalization of Christian Science parents whose children have died in spite of their healing efforts is not appropriate if the parents do not have the paradigmatic mens rea, characteristic of manslaughter/child abuse cases (especially under the common law standards). Typically, the parents had intended the best for the child by using healing methods that they had proven work in their own lives and in the experience of their church (founded over 125 years ago). On the other hand, limited civil interventions by the state on behalf of children may very well be justified. The parents’ religious values (including their conception of beneficence) and the value of personal autonomy directly clash with the state's conception of beneficence. Where there are directly conflicting goods at stake, casuistry has no clear answers. Yet, with its emphasis on context, use of analogy, and critique of unexamined assumptions, casuistry offers the fairest method of dealing with this most difficult genre of cases.Less
The use of spiritual healing methods by parents to heal their children presents a hard free exercise case, and this chapter examines several of these key cases from the nineteenth and twentieth centuries. Criminalization of Christian Science parents whose children have died in spite of their healing efforts is not appropriate if the parents do not have the paradigmatic mens rea, characteristic of manslaughter/child abuse cases (especially under the common law standards). Typically, the parents had intended the best for the child by using healing methods that they had proven work in their own lives and in the experience of their church (founded over 125 years ago). On the other hand, limited civil interventions by the state on behalf of children may very well be justified. The parents’ religious values (including their conception of beneficence) and the value of personal autonomy directly clash with the state's conception of beneficence. Where there are directly conflicting goods at stake, casuistry has no clear answers. Yet, with its emphasis on context, use of analogy, and critique of unexamined assumptions, casuistry offers the fairest method of dealing with this most difficult genre of cases.
Christine Kelly
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9781474427340
- eISBN:
- 9781474476508
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474427340.001.0001
- Subject:
- Society and Culture, Scottish Studies
This book explores the history of juvenile justice and the day industrial school movement in 19th-century Scotland.
How did Scotland’s criminal justice system respond to marginalised street children ...
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This book explores the history of juvenile justice and the day industrial school movement in 19th-century Scotland.
How did Scotland’s criminal justice system respond to marginalised street children who found themselves on the wrong side of the law, often for simple vagrancy or other minor offences? The book examines the historical criminalisation of Scotland’s Victorian children, as well as revealing the history and early success of the Scottish day industrial school movement - a philanthropic response to juvenile offending hailed as 'magic' in Charles Dickens’s Household Words.
With case studies ranging from police courts to the High Court of Justiciary, the book offers a lively account of the way children experienced Scotland’s early juvenile justice system.Less
This book explores the history of juvenile justice and the day industrial school movement in 19th-century Scotland.
How did Scotland’s criminal justice system respond to marginalised street children who found themselves on the wrong side of the law, often for simple vagrancy or other minor offences? The book examines the historical criminalisation of Scotland’s Victorian children, as well as revealing the history and early success of the Scottish day industrial school movement - a philanthropic response to juvenile offending hailed as 'magic' in Charles Dickens’s Household Words.
With case studies ranging from police courts to the High Court of Justiciary, the book offers a lively account of the way children experienced Scotland’s early juvenile justice system.
Anja Seibert-Fohr
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199569328
- eISBN:
- 9780191721502
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199569328.003.0003
- Subject:
- Law, Human Rights and Immigration, Criminal Law and Criminology
The Inter-American Court of Human Rights and the Inter-American Commission on Human Rights have been at the forefront of the fight against impunity for years. This chapter analyses the role of ...
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The Inter-American Court of Human Rights and the Inter-American Commission on Human Rights have been at the forefront of the fight against impunity for years. This chapter analyses the role of prosecution and punishment under the American Convention on Human Rights. It explains how these institutions have developed their doctrine on whether and why there is a treaty obligation to prosecute serious human violations. Amnesties and large scale impunity have been at the centre of the Court's jurisprudence on criminal matters. A detailed representation of the relevant provisions and the pertinent jurisprudence are provided in order to provide a guide through the wealth of cases. The chapter elaborates on the necessary standards for the criminalization, investigation, prosecution, and punishment of serious human rights abuses. Special attention is devoted to the role of victims and the right to justice debate in Latin America. The chapter concludes with a summary and outlook.Less
The Inter-American Court of Human Rights and the Inter-American Commission on Human Rights have been at the forefront of the fight against impunity for years. This chapter analyses the role of prosecution and punishment under the American Convention on Human Rights. It explains how these institutions have developed their doctrine on whether and why there is a treaty obligation to prosecute serious human violations. Amnesties and large scale impunity have been at the centre of the Court's jurisprudence on criminal matters. A detailed representation of the relevant provisions and the pertinent jurisprudence are provided in order to provide a guide through the wealth of cases. The chapter elaborates on the necessary standards for the criminalization, investigation, prosecution, and punishment of serious human rights abuses. Special attention is devoted to the role of victims and the right to justice debate in Latin America. The chapter concludes with a summary and outlook.
Anja Seibert-Fohr
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199569328
- eISBN:
- 9780191721502
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199569328.003.0004
- Subject:
- Law, Human Rights and Immigration, Criminal Law and Criminology
An increasing number of cases before the European Court of Human Rights challenge flaws in criminal proceedings. This chapter analyses the role of prosecution and punishment under the European ...
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An increasing number of cases before the European Court of Human Rights challenge flaws in criminal proceedings. This chapter analyses the role of prosecution and punishment under the European Convention of Human Rights. Several standards for the criminalization and prosecution of serious human rights violations have been developed by the European Human Rights Court. Enactment and enforcement of criminal law are increasingly seen as mandatory measures to ensure the effective enjoyment of human rights. The chapter elaborates and critically evaluates this fairly recent process. It describes the necessary standards for the criminalization, investigation and conduct of criminal proceedings against human rights offenders. It also considers victims' rights and their role in criminal procedure. A detailed representation of the relevant provisions and the pertinent jurisprudence are provided in order to provide a guide through the wealth of cases. The chapter concludes with a summary and outlook.Less
An increasing number of cases before the European Court of Human Rights challenge flaws in criminal proceedings. This chapter analyses the role of prosecution and punishment under the European Convention of Human Rights. Several standards for the criminalization and prosecution of serious human rights violations have been developed by the European Human Rights Court. Enactment and enforcement of criminal law are increasingly seen as mandatory measures to ensure the effective enjoyment of human rights. The chapter elaborates and critically evaluates this fairly recent process. It describes the necessary standards for the criminalization, investigation and conduct of criminal proceedings against human rights offenders. It also considers victims' rights and their role in criminal procedure. A detailed representation of the relevant provisions and the pertinent jurisprudence are provided in order to provide a guide through the wealth of cases. The chapter concludes with a summary and outlook.
Patrick Griffin
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199828166
- eISBN:
- 9780199951208
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199828166.003.0007
- Subject:
- Sociology, Law, Crime and Deviance
This chapter describes the complex patchwork of jurisdictional age, transfer, and blended sentencing laws that determine where, in any given state, the juvenile justice system leaves off and the ...
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This chapter describes the complex patchwork of jurisdictional age, transfer, and blended sentencing laws that determine where, in any given state, the juvenile justice system leaves off and the adult criminal justice system begins.Less
This chapter describes the complex patchwork of jurisdictional age, transfer, and blended sentencing laws that determine where, in any given state, the juvenile justice system leaves off and the adult criminal justice system begins.
Rebecca Tiger
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814784068
- eISBN:
- 9780814759417
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814784068.001.0001
- Subject:
- Sociology, Law, Crime and Deviance
The number of people incarcerated in the United States now exceeds 2.3 million, due in part to the increasing criminalization of drug use: over 25 percent of people incarcerated in jails and prisons ...
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The number of people incarcerated in the United States now exceeds 2.3 million, due in part to the increasing criminalization of drug use: over 25 percent of people incarcerated in jails and prisons are there for drug offenses. This book examines this increased criminalization of drugs and the medicalization of addiction in the United States by focusing on drug courts, where defendants are sent to drug treatment instead of prison. It explores how advocates of these courts make their case for what they call “enlightened coercion,” detailing how they use medical theories of drug addiction to justify increased criminal justice oversight of defendants who, through this process, are defined as both “sick” and “bad.” The book shows how these courts fuse punitive and therapeutic approaches to drug use in the name of a “progressive” and “enlightened” approach to addiction. It argues that the medicalization of addiction has done little to stem the punishment of drug users because of a key conceptual overlap in the medical and punitive approaches—that habitual drug use is a problem that needs to be fixed through sobriety. The book presses policymakers to implement humane responses to persistent substance use that remove its control entirely from the criminal justice system and ultimately explores the nature of crime and punishment in the United States today.Less
The number of people incarcerated in the United States now exceeds 2.3 million, due in part to the increasing criminalization of drug use: over 25 percent of people incarcerated in jails and prisons are there for drug offenses. This book examines this increased criminalization of drugs and the medicalization of addiction in the United States by focusing on drug courts, where defendants are sent to drug treatment instead of prison. It explores how advocates of these courts make their case for what they call “enlightened coercion,” detailing how they use medical theories of drug addiction to justify increased criminal justice oversight of defendants who, through this process, are defined as both “sick” and “bad.” The book shows how these courts fuse punitive and therapeutic approaches to drug use in the name of a “progressive” and “enlightened” approach to addiction. It argues that the medicalization of addiction has done little to stem the punishment of drug users because of a key conceptual overlap in the medical and punitive approaches—that habitual drug use is a problem that needs to be fixed through sobriety. The book presses policymakers to implement humane responses to persistent substance use that remove its control entirely from the criminal justice system and ultimately explores the nature of crime and punishment in the United States today.
Charles A. Erin and Suzanne Ost (eds)
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199228294
- eISBN:
- 9780191711343
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199228294.001.0001
- Subject:
- Law, Criminal Law and Criminology
This book analyses how the criminal justice system regulates health care practice, and to what extent it can and should be used as a tool to resolve ethical conflict in health care. For most of the ...
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This book analyses how the criminal justice system regulates health care practice, and to what extent it can and should be used as a tool to resolve ethical conflict in health care. For most of the 20th century, the criminal courts were engaged in matters relating to medicine principally as a forum to resolve ethical controversies over the sanctity of life. However, the judiciary approached this function with reluctance, and a marked tendency to defer to the medical profession to define what constituted ethical, and thus lawful conduct. Over the past 25 years, the criminal law has increasingly been drawn into the fray, becoming a major actor in the resolution of ethical conflict. The trend to prosecute for aberrant professional conduct or medical malpractice and the role of the criminal process in medicine has been analytically neglected in the UK. There is scant literature addressing the appropriate boundaries of the criminal process in resolving ethical conflict, the theoretical legal analysis of the law's relationship with health care, or the practical impact of the criminal justice system on professionals and the delivery of health care in the UK. This volume addresses these issues via a combination of theoretical analyses and key case studies, drawing on the experiences of other carefully selected jurisdictions. It places a particular emphasis on the appropriateness of the involvement of the criminal justice system in health care, the limitations of this developing trend, and solutions to the problems it throws up.Less
This book analyses how the criminal justice system regulates health care practice, and to what extent it can and should be used as a tool to resolve ethical conflict in health care. For most of the 20th century, the criminal courts were engaged in matters relating to medicine principally as a forum to resolve ethical controversies over the sanctity of life. However, the judiciary approached this function with reluctance, and a marked tendency to defer to the medical profession to define what constituted ethical, and thus lawful conduct. Over the past 25 years, the criminal law has increasingly been drawn into the fray, becoming a major actor in the resolution of ethical conflict. The trend to prosecute for aberrant professional conduct or medical malpractice and the role of the criminal process in medicine has been analytically neglected in the UK. There is scant literature addressing the appropriate boundaries of the criminal process in resolving ethical conflict, the theoretical legal analysis of the law's relationship with health care, or the practical impact of the criminal justice system on professionals and the delivery of health care in the UK. This volume addresses these issues via a combination of theoretical analyses and key case studies, drawing on the experiences of other carefully selected jurisdictions. It places a particular emphasis on the appropriateness of the involvement of the criminal justice system in health care, the limitations of this developing trend, and solutions to the problems it throws up.
Carl Suddler
- Published in print:
- 2019
- Published Online:
- January 2020
- ISBN:
- 9781479847624
- eISBN:
- 9781479812691
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479847624.001.0001
- Subject:
- History, African-American History
Presumed Criminal is a provocative analysis of youth, race, and crime in New York City from the 1930s to the 1960s that shows how shifts in the criminal justice system bolstered authoritative efforts ...
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Presumed Criminal is a provocative analysis of youth, race, and crime in New York City from the 1930s to the 1960s that shows how shifts in the criminal justice system bolstered authoritative efforts that criminalized black youths. Grounded in extensive research, it is a startling examination of a historical past that appears to be anything but past.The criminalization of black youth is inseparable from its racialized origins. Thus, when the federal government entered the debate on how to address juvenile delinquency in the United States, it occurred at a critical juncture when Progressive-era modes of rehabilitation were being replaced by disparate means of punishment. Black youths bore the brunt of the transition. In New York City, increased state surveillance of predominantly black communities compounded arrest rates into the post–World War II period, which gave reason to become tough on crime. Extreme police practices, such as stop-and-frisk, combined with media sensationalism, cemented black youths as the primary cause for concern. Consequently, before the War on Crime, black youths already faced a punitive justice system that restricted their social mobility and categorically branded them as criminal—a stigma they continue to endure.Less
Presumed Criminal is a provocative analysis of youth, race, and crime in New York City from the 1930s to the 1960s that shows how shifts in the criminal justice system bolstered authoritative efforts that criminalized black youths. Grounded in extensive research, it is a startling examination of a historical past that appears to be anything but past.The criminalization of black youth is inseparable from its racialized origins. Thus, when the federal government entered the debate on how to address juvenile delinquency in the United States, it occurred at a critical juncture when Progressive-era modes of rehabilitation were being replaced by disparate means of punishment. Black youths bore the brunt of the transition. In New York City, increased state surveillance of predominantly black communities compounded arrest rates into the post–World War II period, which gave reason to become tough on crime. Extreme police practices, such as stop-and-frisk, combined with media sensationalism, cemented black youths as the primary cause for concern. Consequently, before the War on Crime, black youths already faced a punitive justice system that restricted their social mobility and categorically branded them as criminal—a stigma they continue to endure.
Patrisia Macías-Rojas
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9781479804665
- eISBN:
- 9781479858422
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479804665.001.0001
- Subject:
- Sociology, Law, Crime and Deviance
From Deportation to Prison traces the punitive turn in immigration and border policy to the Department of Homeland Security’s Criminal Alien Program (CAP), originally designed to purge noncitizens ...
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From Deportation to Prison traces the punitive turn in immigration and border policy to the Department of Homeland Security’s Criminal Alien Program (CAP), originally designed to purge noncitizens from jails and prisons and ushering in enforcement priorities that process immigrants according to criminal history and risk. Macías-Rojas argues that new enforcement priorities under the Criminal Alien Program, rooted in the post–civil rights era of mass incarceration and prison overcrowding, fundamentally transformed detention and deportation in ways that merged the immigration and criminal justice systems. Deportation and immigrant detention, then, are no longer merely vehicles to purge noncitizens from jails and prisons, as was CAPS’s original mission; they are now the chief mechanisms driving federal criminal prosecution and imprisonment for immigration offenses. From a political analysis of policymaking at the congressional level, Macías-Rojas turns to a street-level ethnographic account of how new enforcement priorities take hold on the Arizona-Mexico border, capturing the ways in which border agents, local law enforcement, activists, border residents, and migrants themselves contend with criminal enforcement priorities that distinguish between rights-bearing “victims” and rightsless “criminals.” Combining history and ethnography, this book shows how, when implemented on the U.S.-Mexico border, the Department of Homeland Security’s criminal enforcement priorities have created an enforcement context that recognizes rights for some undocumented migrants deemed “worthy” of state protection, while aggressively punishing and criminally branding others. In this post–civil rights enforcement context, criminalization goes hand in hand with “humanitarianism” centered on “victims’ rights.”Less
From Deportation to Prison traces the punitive turn in immigration and border policy to the Department of Homeland Security’s Criminal Alien Program (CAP), originally designed to purge noncitizens from jails and prisons and ushering in enforcement priorities that process immigrants according to criminal history and risk. Macías-Rojas argues that new enforcement priorities under the Criminal Alien Program, rooted in the post–civil rights era of mass incarceration and prison overcrowding, fundamentally transformed detention and deportation in ways that merged the immigration and criminal justice systems. Deportation and immigrant detention, then, are no longer merely vehicles to purge noncitizens from jails and prisons, as was CAPS’s original mission; they are now the chief mechanisms driving federal criminal prosecution and imprisonment for immigration offenses. From a political analysis of policymaking at the congressional level, Macías-Rojas turns to a street-level ethnographic account of how new enforcement priorities take hold on the Arizona-Mexico border, capturing the ways in which border agents, local law enforcement, activists, border residents, and migrants themselves contend with criminal enforcement priorities that distinguish between rights-bearing “victims” and rightsless “criminals.” Combining history and ethnography, this book shows how, when implemented on the U.S.-Mexico border, the Department of Homeland Security’s criminal enforcement priorities have created an enforcement context that recognizes rights for some undocumented migrants deemed “worthy” of state protection, while aggressively punishing and criminally branding others. In this post–civil rights enforcement context, criminalization goes hand in hand with “humanitarianism” centered on “victims’ rights.”
Jonathan Montgomery
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199228294
- eISBN:
- 9780191711343
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199228294.003.0015
- Subject:
- Law, Criminal Law and Criminology
This chapter draws together the broad themes of the book, utilizing two of the areas of focus (the criminalization of medical malpractice and disease transmission) as case studies. A socio-legal ...
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This chapter draws together the broad themes of the book, utilizing two of the areas of focus (the criminalization of medical malpractice and disease transmission) as case studies. A socio-legal analysis is undertaken of whether the intervention of the criminal law in health care is defensible, and whether it can, in fact, achieve the realization of social goals. It is argued that the role of the criminal law in health matters should necessarily be limited by the interests of justice. Public health policy needs to take a broader view, and law-makers need to consider the importance of reinforcing good public health and health care practice. The key considerations lie in the extent to which those who may be rendered criminals should be seen as taking on the moral norms of the State.Less
This chapter draws together the broad themes of the book, utilizing two of the areas of focus (the criminalization of medical malpractice and disease transmission) as case studies. A socio-legal analysis is undertaken of whether the intervention of the criminal law in health care is defensible, and whether it can, in fact, achieve the realization of social goals. It is argued that the role of the criminal law in health matters should necessarily be limited by the interests of justice. Public health policy needs to take a broader view, and law-makers need to consider the importance of reinforcing good public health and health care practice. The key considerations lie in the extent to which those who may be rendered criminals should be seen as taking on the moral norms of the State.
Wolfgang P. Müller
- Published in print:
- 2012
- Published Online:
- August 2016
- ISBN:
- 9780801450891
- eISBN:
- 9780801464157
- Item type:
- book
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801450891.001.0001
- Subject:
- History, European Medieval History
Anyone who wants to understand how abortion has been treated historically in the Western legal tradition must first come to terms with two quite different but interrelated historical trajectories. On ...
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Anyone who wants to understand how abortion has been treated historically in the Western legal tradition must first come to terms with two quite different but interrelated historical trajectories. On one hand, there is the ancient Judeo-Christian condemnation of prenatal homicide as a wrong warranting retribution; on the other, there is the juristic definition of “crime” in the modern sense of the word, which distinguished the term sharply from “sin” and “tort” and was tied to the rise of Western jurisprudence. To find the act of abortion first identified as a crime in the West, one has to go back to the twelfth century, to the schools of ecclesiastical and Roman law in medieval Europe. This book tells the story of how abortion came to be criminalized in the West. It shows, criminalization as a distinct phenomenon and abortion as a self-standing criminal category developed in tandem with each other, first being formulated coherently in the twelfth century at schools of law and theology in Bologna and Paris. Over the ensuing centuries, medieval prosecutors struggled to widen the range of criminal cases involving women accused of ending their unwanted pregnancies. In the process, punishment for abortion went from the realm of carefully crafted rhetoric by ecclesiastical authorities to eventual implementation in practice by clerical and lay judges across Latin Christendom.Less
Anyone who wants to understand how abortion has been treated historically in the Western legal tradition must first come to terms with two quite different but interrelated historical trajectories. On one hand, there is the ancient Judeo-Christian condemnation of prenatal homicide as a wrong warranting retribution; on the other, there is the juristic definition of “crime” in the modern sense of the word, which distinguished the term sharply from “sin” and “tort” and was tied to the rise of Western jurisprudence. To find the act of abortion first identified as a crime in the West, one has to go back to the twelfth century, to the schools of ecclesiastical and Roman law in medieval Europe. This book tells the story of how abortion came to be criminalized in the West. It shows, criminalization as a distinct phenomenon and abortion as a self-standing criminal category developed in tandem with each other, first being formulated coherently in the twelfth century at schools of law and theology in Bologna and Paris. Over the ensuing centuries, medieval prosecutors struggled to widen the range of criminal cases involving women accused of ending their unwanted pregnancies. In the process, punishment for abortion went from the realm of carefully crafted rhetoric by ecclesiastical authorities to eventual implementation in practice by clerical and lay judges across Latin Christendom.
Nicola Lacey
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199544363
- eISBN:
- 9780191720185
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199544363.003.2
- Subject:
- Law, Criminal Law and Criminology, Legal History
This chapter argues that while the 18th century saw an emerging focus on internal markers of states of mind, evaluations of external markers of character remained central to the attribution of ...
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This chapter argues that while the 18th century saw an emerging focus on internal markers of states of mind, evaluations of external markers of character remained central to the attribution of criminal responsibility. Despite the social changes which put it under pressure, the ‘economy of character’, outlived the stable, status-based world of credit for many decades. This argument is framed within an analysis of criminal trials in two novels: Joseph Andrews, representing the powerful hold of the economy of character at mid-century, and Caleb Williams, illustrating the emerging critique of it on the cusp of the era of reform. It is argued that the particular ‘economy of character’ prevailing in the early 18th century may have been relatively hospitable to the acknowledgment of female transgression, while developments in conceptions of the female role during the course of the century changed the perception of women's conduct, giving birth to a new ‘economy of feminine character’ which was less hospitable to the plausibility of Moll Flanders.Less
This chapter argues that while the 18th century saw an emerging focus on internal markers of states of mind, evaluations of external markers of character remained central to the attribution of criminal responsibility. Despite the social changes which put it under pressure, the ‘economy of character’, outlived the stable, status-based world of credit for many decades. This argument is framed within an analysis of criminal trials in two novels: Joseph Andrews, representing the powerful hold of the economy of character at mid-century, and Caleb Williams, illustrating the emerging critique of it on the cusp of the era of reform. It is argued that the particular ‘economy of character’ prevailing in the early 18th century may have been relatively hospitable to the acknowledgment of female transgression, while developments in conceptions of the female role during the course of the century changed the perception of women's conduct, giving birth to a new ‘economy of feminine character’ which was less hospitable to the plausibility of Moll Flanders.
