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.
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.
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.
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.
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.”
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.
Ross Fergusson
- Published in print:
- 2016
- Published Online:
- September 2016
- ISBN:
- 9781447307013
- eISBN:
- 9781447311713
- Item type:
- book
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447307013.001.0001
- Subject:
- Political Science, Public Policy
Mass youth unemployment is now endemic and almost ubiquitous in middle-income, rich and poor countries alike. This book re-interprets the changing relationship between young people’s ...
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Mass youth unemployment is now endemic and almost ubiquitous in middle-income, rich and poor countries alike. This book re-interprets the changing relationship between young people’s non-participation in education and labour markets, their access to state welfare and their involvement in crime by locating it in historical, political-economic and policy contexts in the UK and internationally before, during and after the Global Financial Crisis. It provides a critical assessment of evidence about the causes of non-participation in academic analysis and in policy-making. The principal aim of the book is to establish the non-participation-welfare-crime relationship at the centre of critical policy analysis in the fields of social and criminal justice policies as they shape the lives and life-chances of young people. It endeavours to circumnavigate the analytical limitations of working within a single tradition of youth studies, and works deliberately across historical separations between policy fields, social science disciplines and theoretical traditions which have, it argues, restricted the development of understanding of the relationship. It queries interpretations founded on dominant analytical approaches and places theories of governance and criminalisation at the centre of analysis. Part Two focuses on data, research and policy in relation to work, welfare and crime, and on the limitations of the contested analyses they have generated. Part Three introduces two theorists whose work offers new ways of understanding non-participation and its relationship with welfare and crime. Part Four applies these understandings to argue that dominant modes of the governance of non-participation are becoming increasingly criminalising in their effects.Less
Mass youth unemployment is now endemic and almost ubiquitous in middle-income, rich and poor countries alike. This book re-interprets the changing relationship between young people’s non-participation in education and labour markets, their access to state welfare and their involvement in crime by locating it in historical, political-economic and policy contexts in the UK and internationally before, during and after the Global Financial Crisis. It provides a critical assessment of evidence about the causes of non-participation in academic analysis and in policy-making. The principal aim of the book is to establish the non-participation-welfare-crime relationship at the centre of critical policy analysis in the fields of social and criminal justice policies as they shape the lives and life-chances of young people. It endeavours to circumnavigate the analytical limitations of working within a single tradition of youth studies, and works deliberately across historical separations between policy fields, social science disciplines and theoretical traditions which have, it argues, restricted the development of understanding of the relationship. It queries interpretations founded on dominant analytical approaches and places theories of governance and criminalisation at the centre of analysis. Part Two focuses on data, research and policy in relation to work, welfare and crime, and on the limitations of the contested analyses they have generated. Part Three introduces two theorists whose work offers new ways of understanding non-participation and its relationship with welfare and crime. Part Four applies these understandings to argue that dominant modes of the governance of non-participation are becoming increasingly criminalising in their effects.
Pamela R. Ferguson
- Published in print:
- 2013
- Published Online:
- May 2015
- ISBN:
- 9781845861490
- eISBN:
- 9781474406130
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845861490.001.0001
- Subject:
- Law, Constitutional and Administrative Law
What do the following behaviours have in common: shouting and swearing, painting graffiti, killing a fox by kicking it, glue-sniffing, cross-dressing in public, dangerous driving, discharging a ...
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What do the following behaviours have in common: shouting and swearing, painting graffiti, killing a fox by kicking it, glue-sniffing, cross-dressing in public, dangerous driving, discharging a fire-arm, engaging in a roof-top prison protest, throwing a lit firework in a bus, attempting to commit suicide, making threatening gestures, and kerb crawling? Incredibly, each of these behaviours has been successfully prosecuted in Scotland as the crime of ‘breach of the peace’. This book describes and critiques this commonly prosecuted crime. The author traces the development of the crime from the mid-19th century to the present day, and also considers related statutory offences. The latter include those offences created by the Criminal Justice and Licensing (Scotland) Act 2010, and the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012. It is argued that breach of the peace remains an overly broad and ill-defined crime – despite the appeal court’s attempts at narrowing its definition.Less
What do the following behaviours have in common: shouting and swearing, painting graffiti, killing a fox by kicking it, glue-sniffing, cross-dressing in public, dangerous driving, discharging a fire-arm, engaging in a roof-top prison protest, throwing a lit firework in a bus, attempting to commit suicide, making threatening gestures, and kerb crawling? Incredibly, each of these behaviours has been successfully prosecuted in Scotland as the crime of ‘breach of the peace’. This book describes and critiques this commonly prosecuted crime. The author traces the development of the crime from the mid-19th century to the present day, and also considers related statutory offences. The latter include those offences created by the Criminal Justice and Licensing (Scotland) Act 2010, and the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012. It is argued that breach of the peace remains an overly broad and ill-defined crime – despite the appeal court’s attempts at narrowing its definition.
Gideon Yaffe
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199590667
- eISBN:
- 9780191595530
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199590667.003.0001
- Subject:
- Philosophy, Moral Philosophy, General
This introduction identifies a variety of issues that arise in the adjudication of attempted crimes and briefly describes the solutions to those problems that are offered in the succeeding chapters ...
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This introduction identifies a variety of issues that arise in the adjudication of attempted crimes and briefly describes the solutions to those problems that are offered in the succeeding chapters of the book. Part 1 of the book describes what it is to commit an attempt and why attempts are criminalized. Part 2 considers problems that can be solved through appreciation of what it is to try to do something. Part 3 considers problems that can be solved through consideration of what evidence of attempt is needed given what attempts are. Part 4 considers sentencing of attempts and explores the implications of the idea that the sentence for completion sets the ceiling for the sentence of attempt.Less
This introduction identifies a variety of issues that arise in the adjudication of attempted crimes and briefly describes the solutions to those problems that are offered in the succeeding chapters of the book. Part 1 of the book describes what it is to commit an attempt and why attempts are criminalized. Part 2 considers problems that can be solved through appreciation of what it is to try to do something. Part 3 considers problems that can be solved through consideration of what evidence of attempt is needed given what attempts are. Part 4 considers sentencing of attempts and explores the implications of the idea that the sentence for completion sets the ceiling for the sentence of attempt.
Gideon Yaffe
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199590667
- eISBN:
- 9780191595530
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199590667.003.0002
- Subject:
- Philosophy, Moral Philosophy, General
Typically, when the legislature defines a crime it also, thereby, makes it a crime to attempt the crime defined. The legislature thus appears to rely on the following principle: if it is justifiable ...
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Typically, when the legislature defines a crime it also, thereby, makes it a crime to attempt the crime defined. The legislature thus appears to rely on the following principle: if it is justifiable to criminalize a type of behavior, then it is justifiable to criminalize an attempt of that type of behavior. This chapter considers and rejects a variety of possible rationales that might be offered for this principle—including that attempts are justifiably criminalized because they risk completion—and offers an alternative. Under the view defended, it is thanks to two commonalities between completion and attempt that the principle is true: completers and attempters recognize and respond to reasons in the same ways, and they are both guided by the conception of reasons that they share.Less
Typically, when the legislature defines a crime it also, thereby, makes it a crime to attempt the crime defined. The legislature thus appears to rely on the following principle: if it is justifiable to criminalize a type of behavior, then it is justifiable to criminalize an attempt of that type of behavior. This chapter considers and rejects a variety of possible rationales that might be offered for this principle—including that attempts are justifiably criminalized because they risk completion—and offers an alternative. Under the view defended, it is thanks to two commonalities between completion and attempt that the principle is true: completers and attempters recognize and respond to reasons in the same ways, and they are both guided by the conception of reasons that they share.
