This book addresses the fundamental ethical and legal aspects, penal consequences, and social context arising from a citizen's acceptance of guilt. The focus is upon sentencing people who have pleaded guilty; in short, post-adjudication, rather than issues arising from discussions in the pretrial phase of the criminal process. The vast majority of defendants across all common law jurisdictions plead guilty and as a result receive a reduced sentence. Concessions by a defendant attract more lenient State punishment in all western legal (...) systems. The concession is significant: At a stroke, a guilty plea relieves the State of the burden of proving the defendant's guilt beyond a reasonable doubt, and in open court. Plea-based sentencing has become even more visible in recent years. The book provides insightful commentary on the following questions: - If an individual voluntarily accepts guilt, should the State receive this plea without further investigation or any disinterested adjudication? - Is it ethically acceptable to allow suspects and defendants, to self-convict in this manner, without independent confirmation and evidence to support a conviction? - If it is acceptable, what is the appropriate State response to such offenders? - If the defendant is detained pretrial, the ability to secure release in return for a plea may be particularly enticing. Might it be too enticing, resulting in wrongful convictions? (shrink)

This article advances a censure-based case against sentences of life imprisonment without the possibility of parole. Our argument justifies a retributive “second look” assessment of long-term priso...

Most people assume that criminal offenders have only been convicted of a single crime. However, in reality almost half of offenders stand to be sentenced for more than one crime. The high proportion of multiple crime offenders poses a number of practical and theoretical challenges for the criminal justice system. For instance, how should courts punish multiple offenders relative to individuals who have been sentenced for a single crime? How should they be punished relative to each other? Sentencing Multiple Crimes (...) discusses these questions from the perspective of several legal theories. This volume considers questions such as the proportionality of the crimes committed, the temporal span between the crimes, and the relationship between theories about the punitive treatment of recidivists and multiple offenders. Contributors from around the world and in the fields of legal theory, philosophy, and psychology offer their perspectives to the volume. A comprehensive examination of the dynamics involved with sentencing multiple offenders has the potential to be a powerful tool for legal scholars and professionals, particularly given the practical importance of the topic and the relative dearth of research about punishment of multiple offense cases. (shrink)

Is it morally acceptable to use artificial intelligence (AI) in the form of computer-driven algorithms in the determination of sentences on those who have broken the law? If so, how should such algorithms be used? This book is the first collective work devoted exclusively to the ethical and penal theoretical considerations of the use of AI at sentencing. It deals with a wide range of highly pertinent issues, such as the following: Should algorithmic-based decision-making be transparent? If so, what does (...) this mean and why is it important? Does a conflict between algorithmic transparency and algorithmic accuracy always constitute a moral dilemma? What does it mean to require that algorithmic sentencing decisions should be fair? When should an algorithm be regarded as discriminatory? Is it acceptable to use algorithms to produce risk assessments of future criminal conduct? Can algorithms ever be used in the exercise of mercy? Should AI only be used to guide judicial decision-making or could it ever be justified to replace a human sentencing judge with a robojudge? (shrink)

Predictive Sentencing addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision-making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in sentencing. Although structured risk assessments (...) may have replaced 'gut feelings', and have now been systematically implemented in Western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology. (shrink)

Much has been written about recidivist punishments, particularly within the area of criminology. However there is a notorious lack of penal philosophical reflection on this issue. This book attempts to fill that gap by presenting the philosopher’s view on this matter as a way of furthering the debate on recidivist punishments.

The following text is based on a public debate between Professor Julian Savulescu and Associate Professor Robert Sparrow on the topic of 'Making Better Babies,’ which took place in Melbourne, Australia, on Tuesday, October 2, 2012. The debate was introduced by Professor Michael Selgelid, the Director of the Centre for Human Bioethics, at Monash University, and facilitated by Associate Professor Justin Oakley. The text has been edited from the original transcript for clarity and brevity.

We describe the design and evaluation of a sub-clinical digital assessment tool that integrates digital biomarkers of depression. Based on three standard cognitive tasks on which people with depression have been known to perform differently than a control group, we iteratively designed a digital assessment tool that could be deployed outside of laboratory contexts, in uncontrolled home environments on computer systems with widely varying system characteristics. We conducted two online studies, in which participants used the assessment tool in their own (...) homes, and completed subjective questionnaires including the Patient Health Questionnaire —a standard self-report tool for assessing depression in clinical contexts. In a first study, we demonstrate that each task can be used in isolation to significantly predict PHQ-9 scores. In a second study, we replicate these results and further demonstrate that when used in combination, behavioral metrics from the three tasks significantly predicted PHQ-9 scores, even when taking into account demographic factors known to influence depression such as age and gender. A multiple regression model explained 34.4% of variance in PHQ-9 scores with behavioral metrics from each task providing unique and significant contributions to the prediction. (shrink)

Machine‐learning algorithms have the potential to revolutionise diagnostic and prognostic tasks in health care, yet algorithmic performance levels can be materially worse for subgroups that have been underrepresented in algorithmic training data. Given this epistemic deficit, the inclusion of underrepresented groups in algorithmic processes can result in harm. Yet delaying the deployment of algorithmic systems until more equitable results can be achieved would avoidably and foreseeably lead to a significant number of unnecessary deaths in well‐represented populations. Faced with this dilemma (...) between equity and utility, we draw on two case studies involving breast cancer and melanoma to argue for the selective deployment of diagnostic and prognostic tools for some well‐represented groups, even if this results in the temporary exclusion of underrepresented patients from algorithmic approaches. We argue that this approach is justifiable when the inclusion of underrepresented patients would cause them to be harmed. While the context of historic injustice poses a considerable challenge for the ethical acceptability of selective algorithmic deployment strategies, we argue that, at least for the case studies addressed in this article, the issue of historic injustice is better addressed through nonalgorithmic measures, including being transparent with patients about the nature of the current epistemic deficits, providing additional services to algorithmically excluded populations, and through urgent commitments to gather additional algorithmic training data from excluded populations, paving the way for universal algorithmic deployment that is accurate for all patient groups. These commitments should be supported by regulation and, where necessary, government funding to ensure that any delays for excluded groups are kept to the minimum. We offer an ethical algorithm for algorithms—showing when to ethically delay, expedite, or selectively deploy algorithmic systems in healthcare settings. (shrink)

End-of-life decision-making is controversial. There are different views about when it is appropriate to limit life-sustaining treatment, and about what palliative options are permissible. One approach to decisions of this nature sees consensus as crucial. Decisions to limit treatment are made only if all or a majority of caregivers agree. We argue, however, that it is a mistake to require professional consensus in end-of-life decisions. In the first part of the article we explore practical, ethical, and legal factors that support (...) agreement. We analyse subjective and objective accounts of moral reasoning: accord is neither necessary nor sufficient for decisions. We propose an alternative norm for decisions – that of ‘professional dissensus’. In the final part of the article we address the role of agreement in end-of-life policy. Such guidelines can ethically be based on dissensus rather than consensus. Disagreement is not always a bad thing. (shrink)

Is it justified to detect minor genetic aberrations before birth and terminate pregnancies based upon such information? We present the case of a woman who wanted Prenatal Diagnosis to detect whether her female fetus was a Haemophilia mutation carrier. Such carriers are usually healthy.She wished to eradicate the Haemophilia mutation from her family to avoid future generations being affected and to protect her children from having to go through PND themselves. We explore existing practice guidelines, public attitudes and possible objections (...) to providing PND for minor abnormalities. We argue that in a society where couples have considerable autonomy relating to decisions about the fetus at least until viability, the routine restriction of PND for minor genetic abnormalities would be an unjust infringement of individual liberty. (shrink)

Thomas Schelling, who wrote the foreword for this book, won the Nobel Prize in economics for "having enhanced our understanding of conflict and cooperation through game-theory analysis." This came after he had taught a course in game theory and rational choice to advanced students and government officials for 45 years. In this book, Robert Dodge provides in language for a broad audience, the concepts that Schelling taught. Armed with Schelling's understanding of game theory methods and his approaches to problems, the (...) general reader can improve daily decision making. Mathematics often make game theory challenging but was not a major part of Schelling's course and is even less of a factor in this book. Along with a summary of the material Schelling presented, included are problems from the course and similar less challenging questions. While considerable analysis is done with the basic game theory tool--the two-by-two matrix--much of the book is descriptive and rational decision-making is explained with stories. Chapter supplements are added to illuminate points presented by Schelling, including writings by Paul Krugman, Thomas Friedman, Steven Levitt, and others. (shrink)

Notwithstanding diverse opinions and debates about mixing methods, mixed methods research (MMR) is increasingly being used in sport and exercise psychology. In this paper, we describe MMR trends within leading sport and exercise psychology journals and explore critical realism as a possible underpinning framework for conducting MMR. Our meta-study of recent empirical mixed methods studies published in 2017–2019 indicates that eight (36%) of the 22 MMR studies explicitly stated a paradigmatic position (five drew on pragmatism, two switched paradigms between qualitative (...) and quantitative elements of the study, and one was situated in relativist-interpretivism). The remaining 14 (64%) studies did not report their underpinning research philosophical assumptions. Evaluating the merits and limitations of these positions against critical realist assumptions suggests that several paradigmatic disagreements are potentially reconcilable. These include (a) maintaining that ontological and epistemological concerns are important for methodological integrity of a mixed methods study; (b) switching between paradigms in the same study is problematic; and (c) refuting the qualitative-quantitative incommensurability thesis, therefore allowing mixed methods research without compromising philosophical coherence. From a critical realist position, we suggest that both quantitative and qualitative designs are justifiable in a mixed methods study because (1) they help corroborate, refine, or refute plausible explanations of phenomena (epistemological), but (2) with different methodologies utilised to perform different tasks in the same research design related to different psycho-social system features (ontological). We call for a collaborative engagement by researchers across paradigmatic positions to work towards the advancement of methodological pluralism in our research community. (shrink)

The question arises from recent arguments, including one by G. E. M. Anscombe, which hold that a belief in one's ability to choose one's actions is incompatible with a causal account of the world. For, if one's arguments deny either choice or causal sequences, how can one account for human control of actions? If to control one's actions means to work to cause some chosen end, and if either point of the argument were correct, how could anyone ever control one's (...) actions at all? Yet we must be able to control actions if we are to seek out and select from evidence or develop any kind of conceptual scheme. I want to develop this necessity-of-control notion to show that arguments such as those advanced by Miss Anscombe are incoherent and to show that we must retain our notion of choice while giving a causal account of the world. I will argue that deterministic sequences and the notions of choice and control go together: in order for us to have a tenable explanation of the world we must be able to talk about choice and control and we must identify and use predictable deterministic sequences in our acting and choosing. I shall argue that we can retain both causal explanation and choice only by employing two different conceptions of causal agency: merely physical agency and the voluntary agency of embodied actors. (shrink)

This lucid and original book offers a detailed and critical exposition of German metaphysics and philosophy of logic during the past century. Julian Roberts sets his argument in the context of the current debate between "analytical" and "continental" philosophers. the book centers on the problem of reflection—exploration of the boundaries of rationality, or of the "limits of thought"—which Roberts claims lies at the heart of both traditions. Roberts concentrates on the work of Frege, Wittengenstein, Husserl, the (...) Erlangen School, and Habermas. In the course of his examination, however, he also considers philosophers ranging from Russell and Quine to Putnam and Heidegger. Roberts argues that the technical advances of modern logic have not, as is sometimes believed by analytical thinkers, generated uniquely modern problems that can only be dealt with by a correspondingly modernist philosophy, for the problem of reflection was already at the heart of Kant's critical project and of his confrontation with Leibniz. If we recover this earlier debate, says Roberts, we can develop a more adequate understanding not merely of its echoes in the twentieth century, but of the role and contribution of metaphysics and of philosophy in general. (shrink)

Background: Altering components of ecological momentary assessment measures to better suit the purposes of individual studies is a common and oftentimes necessary step. Though the inherent flexibility in EMA has its benefits, no resource exists to provide an overview of the variability in how convergent constructs and symptoms have been assessed in the past. The present study fills that gap by examining EMA measurement design for mood and anxiety symptomatology.Methods: Various search engines were used to identify 234 relevant studies. Items (...) administered, data collection schedules, response scales, data collection platforms, and psychometric properties were extracted.Results: Study designs varied greatly in all aspects across the identified papers. Over 4,600 extracted items were qualitatively analyzed, resulting in the identification of 12 themes. The most EMA items focused on affect, with categories such as “happiness” and “tension” appearing most frequently. We provide all of our data extraction in the format of an open-source database.Limitations: Despite our best attempts to include as much of the relevant literature as possible, this review and the accompanying database are not exhaustive, but can easily be built upon to include other, newer studies.Conclusions: The fact that the affect theme featured both positive and negative emotional constructs highlights the dichotomous focus on valence and affect within the literature surrounding anxious and depressive symptomatology. We hope that our database will act as a helpful design decision-making resource for researchers studying this kind of symptomatology in the future.Systematic Review Registration: PROSPERO. (shrink)

The proposed law in Ukraine on protection from dangerous human-psychological impacts and on psychological assistance to those who have suffered such an effect has grounds for concern.

This book is a comprehensive introduction to German philosophy, from Kant to the present day. The book focuses on the key figures and major texts. Separate chapters are devoted to Kant, Hegel, Schelling, Schopenhauer, Kierkegaard, Nietzsche, and Heidegger. Roberts also deals extensively with the Marxist tradition, with chapters on Feuerbach, Lukács, and Adorno. The author argues that Kant may be seen as the principal source of modern metaphysics, and his heirs as branching off into two opposing streams. This approach (...) enables Roberts to trace some of the underlying connections and oppositions between the major figures of German thought. Written in a lively and accessible style, German Philosophy will be of interest to students of philosophy, social sciences, and European thought and literature. (shrink)

In response to growing concern in the 1980s about the quality of public education across the United States, a tremendous amount of energy was expended by organizations such as the Holmes Group and the Carnegie Forum to organize professional development schools or “partner schools” for teacher education. On the surface, the concept of partnering is simple; however, the practice is very costly, complex, and difficult. In _Schooling, Democracy, and the Quest for Wisdom_, Robert V. Bullough, Jr. and John R. Rosenberg (...) examine the concept of partnering through various lenses and they address what they think are the major issues that need to be, but rarely are, discussed by thousands of educators in the U.S. who are involved and invested in university-public school partnerships. Ultimately, they assert that the conversation around partnering needs re-centering, refreshing, and re-theorizing. (shrink)

Professor Brian V. Johnstone, CSsR, has been quietly and unobtrusively contributing to the intellectual life of Catholicism, especially in the field of moral theology, for nearly four decades. Having published numerous theological articles on many topics, including biomedical ethics, peace and war, and fundamental moral theology, and directed many doctoral dissertations, it is no exaggeration to say that he has dedicated his entire life to teaching and writing theology. In honor of Johnstone's work, this felicitation volume covers a wide range (...) of themes in the Christian moral life with original articles written by internationally recognized theologians. In the spirit of Johnstone's thought and work, each article challenges the reader to reflect upon the present while contemplating the future of moral theology. (shrink)

This annotated bibliography assists the reader in locating information about the United States Federal Trade Commission. The book is divided into four chapters, each reflecting the major functions and regulatory responsibilities of the FTC.