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The Ethics of Plea Bargaining

Richard L. Lippke

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641468
eISBN:
9780191732195
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641468.001.0001
Subject:
Law, Criminal Law and Criminology

The Ethics of Plea Bargaining offers a sustained argument for restrained forms of plea bargaining and against the freewheeling kinds of it that predominate in the United States. Rewards ... More


Rethinking Imprisonment

Richard L. Lippke

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199209125
eISBN:
9780191695766
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199209125.001.0001
Subject:
Law, Criminal Law and Criminology

Drawing on philosophical arguments, criminological evidence, and the legal literature on prisoners' rights, this book defends a normative theory of imprisonment. Such a theory provides an account of ... More


The Future of State Punishment: The Role of Public Opinion in Sentencing

Julian V. Roberts

in Retributivism Has a Past: Has It a Future?

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199798278
eISBN:
9780199919376
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199798278.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter considers what role, if any, should public opinion play in determining sentencing policy and practice. The chapter is organized as follows. Section II describes and explores competing ... More


Plea Bargains as Contracts

Richard L. Lippke

in The Ethics of Plea Bargaining

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641468
eISBN:
9780191732195
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641468.003.0008
Subject:
Law, Criminal Law and Criminology

Another traditional defense of plea bargaining claims that waiver rewards of any size or kind are legitimate if the contracting parties—usually prosecutors and defendants (or their attorneys)—freely ... More


B-Level Analysis

Richard L. Lippke

in Rethinking Imprisonment

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199209125
eISBN:
9780191695766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199209125.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter confronts the prospect that many criminal offenders do not live in reasonably just societies, and thus do not find themselves in circumstances where the conditions of responsible ... More


Initial Challenges to Prisoners' Rights

Richard L. Lippke

in Rethinking Imprisonment

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199209125
eISBN:
9780191695766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199209125.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter takes up two initial challenges to the notion that prison inmates retain substantial moral rights. The first challenge comes from those who argue that serious offenders forfeit all or at ... More


Minimum and Extreme Conditions of Confinement

Richard L. Lippke

in Rethinking Imprisonment

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199209125
eISBN:
9780191695766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199209125.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter makes the case for minimally restrictive and reasonably humane prison conditions, ones referred to as the ‘minimum conditions of confinement’ (MCC). It contrasts such conditions with ... More


Introduction

Richard L. Lippke

in Rethinking Imprisonment

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199209125
eISBN:
9780191695766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199209125.003.0001
Subject:
Law, Criminal Law and Criminology

This chapter first sets out the purpose of the book, which is to encourage a normative rethinking of imprisonment as a criminal sanction. The book's main focus is an examination of the restrictions ... More


Retained Civil Rights

Richard L. Lippke

in Rethinking Imprisonment

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199209125
eISBN:
9780191695766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199209125.003.0010
Subject:
Law, Criminal Law and Criminology

This chapter first outlines the interests of individuals that ground the rights to freedom of conscience, speech, and political participation. It argues that there is considerable, though not ... More


Access to Recreation and Entertainment

Richard L. Lippke

in Rethinking Imprisonment

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199209125
eISBN:
9780191695766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199209125.003.0011
Subject:
Law, Criminal Law and Criminology

This chapter, by focusing on whether and to what extent prisoners should be provided access to recreation and entertainment, confronts further questions about just how difficult prison life should ... More


Imprisonable Offenses

Richard L. Lippke

in Rethinking Imprisonment

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199209125
eISBN:
9780191695766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199209125.003.0004
Subject:
Law, Criminal Law and Criminology

In the preceding two chapters, a hybrid theory of legal punishment has been elaborated that gives justificatory priority to a retributive penal aim. This chapter employs this theory to urge another ... More


Statutes of Limitations and Personal Identity

Christian Mott

in Oxford Studies in Experimental Philosophy, Volume 2

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198815259
eISBN:
9780191853012
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198815259.003.0011
Subject:
Philosophy, Moral Philosophy

Legal theorists have proposed several theories to justify statutes of limitations in the criminal law, but none of these normative theories is generally accepted. This chapter investigates the ... More


Retributive Approaches to 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/9780199283897.003.0003
Subject:
Law, Criminal Law and Criminology

As noted earlier, retributive sentencing theorists fall into one of two camps: advocating a flat-rate approach in which previous convictions play no role, or espousing the very limited use of priors ... More


The Territorialization of Civility, the Spatialization of Revenge

Lynn Mie Itagaki

in Civil Racism: The 1992 Los Angeles Rebellion and the Crisis of Racial Burnout

Published in print:
2016
Published Online:
January 2017
ISBN:
9780816699209
eISBN:
9781452954257
Item type:
chapter
Publisher:
University of Minnesota Press
DOI:
10.5749/minnesota/9780816699209.003.0004
Subject:
Sociology, Race and Ethnicity

Legal punishment’s hidden motive of vengeance shapes racial civility by organizing memories and resentments into actionable claims and injuries through the state. Racial civility perpetuates the ... More


Taming the Presumption of Innocence

Richard L. Lippke

Published in print:
2016
Published Online:
March 2016
ISBN:
9780190469191
eISBN:
9780190469214
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190469191.001.0001
Subject:
Law, Criminal Law and Criminology

This book provides an account of the presumption of innocence in criminal law and procedure. It maintains that the presumption is a vital component of the proof structure of criminal trials. Trials ... More


Reducing the use of custody as a sanction: a review of recent international experiences

Julian Roberts

in Tackling prison overcrowding: Build more prisons? Sentence fewer offenders?

Published in print:
2008
Published Online:
March 2012
ISBN:
9781847421104
eISBN:
9781447303657
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781847421104.003.0007
Subject:
Social Work, Crime and Justice

Constraining the rising prison population remains a challenge to most western countries. It has been 20 years since the United Nations Standard Rules for Non-Custodial Measure or the ‘Tokyo Rules’ ... More


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