Jump to ContentJump to Main Navigation

You are looking at 1-20 of 30 items

  • Keywords: incapacitation x
Clear All Modify Search

View:

Incarceration and Crime

Todd R. Clear

in Imprisoning Communities: How Mass Incarceration Makes Disadvantaged Neighborhoods Worse

Published in print:
2007
Published Online:
May 2012
ISBN:
9780195305791
eISBN:
9780199943944
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195305791.003.0002
Subject:
Sociology, Law, Crime and Deviance

This chapter examines the relation between incarceration and crime. It suggests that prisons can prevent crime in two ways: incapacitation and deterrence. It explains that incapacitation occurs when ... More


The Strengths and Weaknesses of Alternative Distributive Principles

Paul H. Robinson

in Distributive Principles of Criminal Law: Who Should be Punished How Much

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195365757
eISBN:
9780199867684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195365757.003.0010
Subject:
Law, Criminal Law and Criminology

This chapter discusses the strengths and weaknesses of the alternative distributive principles examined in the previous chapters. These include general deterrence, special deterrence, rehabilitation, ... More


The Need for an Articulated Distributive Principle

Paul H. Robinson

in Distributive Principles of Criminal Law: Who Should be Punished How Much

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195365757
eISBN:
9780199867684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195365757.003.0002
Subject:
Law, Criminal Law and Criminology

Each of the justifications for punishment, or “purposes” as they are often called, might be used as a distributive principle for criminal liability and punishment. This chapter begins with a ... More


Myopic Moral Responsibility

Bruce N. Waller

in The Stubborn System of Moral Responsibility

Published in print:
2015
Published Online:
May 2016
ISBN:
9780262028165
eISBN:
9780262327404
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262028165.003.0012
Subject:
Philosophy, Moral Philosophy

Preserving belief in moral responsibility requires blocking deeper inquiry into the systemic causes of behavior. This refusal to consider causal history is clearest in the criminal justice system, ... More


Death as Incapacitation

Matthew H. Kramer

in The Ethics of Capital Punishment: A Philosophical Investigation of Evil and its Consequences

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199642182
eISBN:
9780191732188
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199642182.003.0004
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter examines the incapacitative justification of capital punishment. The central idea in that rationale is that thugs who are strongly disposed to engage in savage murders are too dangerous ... More


Voluntariness of Mentally Incapacitated Suspects

Roger W. Shuy

in The Language of Murder Cases: Intentionality, Predisposition, and Voluntariness

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199354832
eISBN:
9780199398454
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199354832.003.0007
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

This chapter briefly outlines the history of the courts’ efforts to deal with mentally incapacitated suspects and then describes three murder cases involving suspects with varying degrees of mental ... More


Failure to Reassure as Public Wrong

Peter Ramsay

in The Insecurity State: Vulnerable Autonomy and the Right to Security in the Criminal Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199581061
eISBN:
9780191741005
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199581061.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter provides detailed analysis of the case law on the criminal offence of breach of an Anti-Social Behaviour Order (ASBO). It demonstrates first, that the offence converts the conduct ... More


Introduction

Richard S. Frase

in Just Sentencing: Principles and Procedures for a Workable System

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199757862
eISBN:
9780199979547
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199757862.003.0000
Subject:
Law, Criminal Law and Criminology

The Introduction provides an overall summary of the book, describing the origins and contents of the proposed sentencing model. The need for a new model is evident in light of four important ... More


Criminal Punishment and Cognition

Mark Kelman

in The Heuristics Debate

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199755608
eISBN:
9780199895236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199755608.003.0006
Subject:
Law, Philosophy of Law

Because fast and frugal heuristics theorists believe that people make all decisions, including decisions about whether to comply with legal regulations, by looking to a small number of ... More


Three Strikes as Crime Control

E.Zimring Franklin, Gordon Hawkins, and Sam Kamin

in Punishment and Democracy: Three Strikes and You're Out in California

Published in print:
2003
Published Online:
March 2012
ISBN:
9780195171174
eISBN:
9780199849765
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195171174.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter explains the logic of the test for the short-term deterrent impact of Three Strikes and demonstrates that the 1994 law could have had only a small fraction of the deterrent impact that ... More


Reconceptualizing the Recidivist Sentencing Premium

Roberts Julian V

in Punishing Persistent Offenders: Exploring Community and Offender Perspectives

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199283897
eISBN:
9780191700262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283897.003.0010
Subject:
Law, Criminal Law and Criminology

This chapter reviews the principal findings and conclusions of the volume, discusses the role that public opinion should play, and makes some modest proposals with respect to the sentencing of repeat ... More


Reductivist Sentencing Perspectives and the Role of Previous Convictions

Roberts Julian V

in Punishing Persistent Offenders: Exploring Community and Offender Perspectives

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199283897
eISBN:
9780191700262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283897.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter explores the relevance of previous convictions for a number of criminal sentencing objectives and perspectives, including individual and general deterrence, incapacitation, and ... More


How Psychology is Changing the Punishment Theory Debate

Paul H Robinson

in Law and Psychology: Current Legal Issues Volume 9

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199211395
eISBN:
9780191695803
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211395.003.0006
Subject:
Law, Philosophy of Law

This chapter shows how psychology is changing the debate about the theory of punishment. Psychology has been more successful, it may be thought, in helping the law to get its best evidence in ... More


Are Record-Based Enhancements a Cost-Effective and Fair Way to Reduce Crime?

Richard S. Frase and Julian V. Roberts

in Paying for the Past: The Case Against Prior Record Sentence Enhancements

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190254001
eISBN:
9780190254025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190254001.003.0005
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

Even if a guidelines criminal history score, other prior record formula, or some combination of record and non-record factors accurately reflects the offender’s recidivism risk, sentence enhancements ... More


COPS and Cuffs

Emily Greene Owens

in Lessons from the Economics of Crime: What Reduces Offending?

Published in print:
2013
Published Online:
May 2014
ISBN:
9780262019613
eISBN:
9780262314633
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262019613.003.0002
Subject:
Economics and Finance, Public and Welfare

A large literature in economics and criminology has established that hiring more police officers will reduce crime. Using variation in police employment generated by the COPS grant program, this ... More


The Proliferation of Actuarial Methods in Punishing and Policing

in Against Prediction: Profiling, Policing, and Punishing in an Actuarial Age

Published in print:
2006
Published Online:
March 2013
ISBN:
9780226316130
eISBN:
9780226315997
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226315997.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter documents the ascendance of the actuarial paradigm, focusing on a wide range of predictive tools in criminal law and punishment. It explores the use of actuarial methods in the larger ... More


The Executioner’s Waning Defenses

Michael L. Radelet

in The Road to Abolition?: The Future of Capital Punishment in the United States

Published in print:
2009
Published Online:
March 2016
ISBN:
9780814762172
eISBN:
9780814762547
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814762172.003.0001
Subject:
Law, Criminal Law and Criminology

This chapter examines what seems to be a national reconsideration of capital punishment in the United States as its opponents continue to score significant victories while proponents of executions ... More


Age Matters

Michael Gottfredson and Travis Hirschi

in Modern Control Theory and the Limits of Criminal Justice

Published in print:
2020
Published Online:
October 2019
ISBN:
9780190069797
eISBN:
9780190069834
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190069797.003.0003
Subject:
Sociology, Law, Crime and Deviance, Gerontology and Ageing

This chapter presents a review of the research and theorizing about age and crime as depicted in control theory. It critiques psychological and sociological studies of the meaning of the age–crime ... More


General Theory, Public Policy, and the Limits of Criminal Justice

Michael Gottfredson and Travis Hirschi

in Modern Control Theory and the Limits of Criminal Justice

Published in print:
2020
Published Online:
October 2019
ISBN:
9780190069797
eISBN:
9780190069834
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190069797.003.0007
Subject:
Sociology, Law, Crime and Deviance, Gerontology and Ageing

In this chapter, the general theory of crime depicted in self-control theory is taken as valid, and the implications for criminal justice are explored. The historical connections between classical ... More


Prisons, Deterrence, and Incapacitation: A View from a Prevention Perspective

Michael Gottfredson and Travis Hirschi

in Modern Control Theory and the Limits of Criminal Justice

Published in print:
2020
Published Online:
October 2019
ISBN:
9780190069797
eISBN:
9780190069834
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190069797.003.0008
Subject:
Sociology, Law, Crime and Deviance, Gerontology and Ageing

Modern control theory doubts the effectiveness of criminal sanctions to affect the crime rate substantially. This view is contrasted with the expectations of the criminal career perspective, a ... More


View: