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Penal Proportionality for the Young Offender: Notes on Immaturity, Capacity, and Diminished Responsibility

Franklin E. Zimring

in American Juvenile Justice

Published in print:
2005
Published Online:
May 2012
ISBN:
9780195181166
eISBN:
9780199943302
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195181166.003.0021
Subject:
Sociology, Law, Crime and Deviance

This chapter considers one set of subjective personal factors that influence the extent to which adolescent defendants deserve punishment for particular blameworthy acts. It argues that even when a ... More


A Political Theory of Imprisonment for Public Protection

Peter Ramsay

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/9780199798278.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter describes a theoretical justification for imprisonment for public protection (IPP) that is different from and arguably more politically influential at present than traditional ... More


Punishment and Desert-adjusted Utilitarianism

Jesper Ryberg

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/9780199798278.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter focuses on one theoretical alternative to retributivism. It considers the version of desert-adjusted consequentialism that has been most thoroughly developed by its recent advocates, ... More


Penal Theory, Moral Intuitions, and Public Opinion

Jesper Ryberg

in Popular Punishment: On the Normative Significance of Public Opinion

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199941377
eISBN:
9780199374694
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199941377.003.0002
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

Moral intuitions play an important role in penal theorizing. But whose intuitions should count? In this chapter, it is argued that laypeople’s intuitions ought to be consulted in penal theoretical ... More


Popular Punishment: On the Normative Significance of Public Opinion

Jesper Ryberg and Julian V. Roberts (eds)

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199941377
eISBN:
9780199374694
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199941377.001.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

Should public opinion determine—or even influence—sentencing policy and practice? A simple question, perhaps, but one which conceals complex theoretical and methodological challenges. The present ... More


A Democratic Theory of Imprisonment

Peter Ramsay

in Democratic Theory and Mass Incarceration

Published in print:
2016
Published Online:
October 2016
ISBN:
9780190243098
eISBN:
9780190243104
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243098.003.0005
Subject:
Political Science, Political Theory, American Politics

The chapter provides a sketch of a democratic theory of imprisonment. It explains the failure of the liberal idea of proportionality to provide adequate limits on the severity of punishment. It ... More


Exploring the Normative Significance of Public Opinion for State Punishment

Jesper Ryberg and Julian V. Roberts

in Popular Punishment: On the Normative Significance of Public Opinion

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199941377
eISBN:
9780199374694
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199941377.003.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

The chapter introduces to the discussion of significance of community values or opinions to penal theory. The main theoretical approaches to the question, as to what role public opinion should play ... More


Proportionality Theory and Popular Opinion1

Matt Matravers

in Popular Punishment: On the Normative Significance of Public Opinion

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199941377
eISBN:
9780199374694
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199941377.003.0003
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

On the grounds of a commitment to proportionality in sentencing and an expressivist penal theory, and in the absence of any account of so-called deontological desert, this chapter argues that ... More


Neuroscientific Treatment of Criminals and Penal Theory

Jesper Ryberg

in Treatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198758617
eISBN:
9780191818530
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198758617.003.0010
Subject:
Philosophy, Moral Philosophy

Does the implementation of treatment schemes as an integrated element in the sentencing of offenders violate a retributivist view of punishment? Traditional rehabilitationism has often been held to ... More


Why Should We Care What the Public Thinks? A Critical Assessment of the Claims of Popular Punishment1

Frej K. Thomsen

in Popular Punishment: On the Normative Significance of Public Opinion

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199941377
eISBN:
9780199374694
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199941377.003.0007
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter explores three versions of the argument to the effect that we ought to punish in accordance with popular sentiment: While the first two versions of the argument are rejected, it is held ... More


Lessons for Penal Theory: Risk, Political Vulnerability, and Illusory Democratization

Harry Annison

in Dangerous Politics: Risk, Political Vulnerability, and Penal Policy

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198728603
eISBN:
9780191795428
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198728603.003.0008
Subject:
Law, Criminal Law and Criminology

This concluding chapter draws out the connections between the IPP story and relevant criminological, legal, and political literature. Implications for existing works on ‘risk’ and ‘populism’ in ... More


The Nature of Criminal Disenfranchisement

Milena Tripkovic

in Punishment and Citizenship: A Theory of Criminal Disenfranchisement

Published in print:
2019
Published Online:
December 2018
ISBN:
9780190848620
eISBN:
9780190848651
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190848620.003.0004
Subject:
Sociology, Law, Crime and Deviance, Politics, Social Movements and Social Change

This chapter sets up the frame for the subsequent normative analysis by seeking to establish the nature of criminal disenfranchisement. Departing from the common notion that criminal ... More


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