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  1. Understanding Punishment as Annulment.Jami L. Anderson - 1998 - Social Philosophy Today 13:215-226.
    Hegel claims that punishment is justified because it annuls crimes thereby revealing the criminal act for what it is, a will “null and void.” In this paper I analyze the complex notion of annulment, arguing that Hegel is claiming that punishment does not change the past, but alters the status of the criminal will so as to reveal that will for what it is, a violation of a victim’s rights. In short, punishment invalidates the criminal's will and validates the victim's (...)
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  2. The Harms Beyond Imprisonment: Do We Have Special Moral Obligations Towards the Families and Children of Prisoners?William Bülow - 2014 - Ethical Theory and Moral Practice 17 (4):775-789.
    This paper discusses whether the collateral harm of imprisonment to the close family members and children of prison inmates may give rise to special moral obligations towards them. Several collateral harms, including decreased psychological wellbeing, financial costs, loss of economic opportunities, and intrusion and control over their private lives, are identified. Two competing perspectives in moral philosophy are then applied in order to assess whether the harms are permissible. The first is consequentialist and the second is deontological. It is argued (...)
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  3. Preventing Human Rights Violations in Prison – the Role of Guidelines.Bernice Elger & David Shaw - forthcoming - In Bernice Elger, Catherine Ritter & Heino Stöver (eds.), Emerging Issues in Prison Health. Springer.
    It is well known that prisoners’ human rights are often violated. In this chapter we examine whether guidelines can be effective in preventing such violations and in helping physicians resolve the significant conflicts of interest that they often face in trying to protect prisoners’ rights. We begin by explaining the role of clinical and ethical guidelines outside prisons, in the context of healthcare for non-incarcerated prisoners, and then the specific role of such guidelines within prisons, where the main concerns are (...)
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  4. The Distinct Character of International Crime: Theorizing the Domain.Kirsten J. Fisher - 2009 - Contemporary Political Theory 8 (1):44-67.
    If contemporary political theory in the area of international justice is to accomplish its aim of clarifying and making coherent the meaning of justice in an international context, the question of the appropriate role and responsibility of international criminal law must be answered. International criminal law must be more than simply domestic laws that are prosecuted at the international level. However, the question of what makes an international crime such that it deserves this special classification and international condemnation has not (...)
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  5. Hypocrisy, Inconsistency, and the Moral Standing of the State.Kyle G. Fritz - forthcoming - Criminal Law and Philosophy:1-19.
    Several writers have argued that the state lacks the moral standing to hold socially deprived offenders responsible for their crimes because the state would be hypocritical in doing so. Yet the state is not disposed to make an unfair exception of itself for committing the same sorts of crimes as socially deprived offenders, so it is unclear that the state is truly hypocritical. Nevertheless, the state is disposed to inconsistently hold its citizens responsible, blaming or punishing socially deprived offenders more (...)
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  6. Sting Operations Revisited More Generally: Seeing the Forest and the Trees.Joseph S. Fulda - 2011 - Sexuality and Culture 15 (4):395-398.
    Review article referring to my prior work in many contexts with the upshot that: Subject to an /extremely/ limited set of exceptions, /all/ sting operations are /per se/ gravely and deeply immoral for the simplest and plainest of reasons: They are calculated and deliberate attempts to bring out the worst in a fellow human being, to play to their weaknesses, and to pander to their blind spots. Whether performed by the government, the media, or other private organizations (for-profit or not-for-profit), (...)
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  7. Internet Stings Directed at Pedophiles: A Study in Philosophy and Law.Joseph S. Fulda - 2007 - Sexuality and Culture 11 (1):52-98.
    The article is intended to, in Sections I and II, flesh out and put within a metaphilosophical framework the theoretical argument first made in 2002 in “Do Internet Stings Directed at Pedophiles Capture Offenders or Create Offenders? And Allied Questions” (Sexuality & Culture 6(4): 73–100), with some modifications (See note 14). Where there are differences, I stand by this version as the final version of the argument. Section III addresses three experimental or empirical studies which might be thought to contradict (...)
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  8. Foucault, Michel.Dustin Garlitz - 2014 - In Bruce A. Arrigo (ed.), Encyclopedia of Criminal Justice Ethics. Sage Publications.
  9. Habermas, Jürgen.Dustin Garlitz - 2014 - In Bruce A. Arrigo (ed.), Encyclopedia of Criminal Justice Ethics. Sage Publications.
  10. Lacan, Jacques.Dustin Garlitz & Douglas Kellner - 2014 - In Bruce A. Arrigo (ed.), Encyclopedia of Criminal Justice Ethics. Sage Publications.
  11. Deleuze, Gilles.Dustin Garlitz & Douglas Kellner - 2014 - In Bruce A. Arrigo (ed.), Encyclopedia of Criminal Justice Ethics. Sage Publications.
  12. Police Informers and Professional Ethics.Clive Harfield - 2012 - Criminal Justice Ethics 31 (2):73-95.
    Abstract The use of informers is morally problematic for police institutions, for investigation managers, and for those individuals either who act as informers or who have daily responsibility for handling informers. This paper examines the moral issues concerning informers at each of these levels. Recourse to informers can be accommodated within Miller and Blackler's moral theory of policing. Within this context, criteria for the morally justifiable deployment of informers are proposed and supplemented with further proposed criteria for morally justifiable informer (...)
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  13. A Few Opinions on Sentencing Enhancement for Hate Crimes.Chief Justice Heffernan - forthcoming - Criminal Justice Ethics.
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  14. The Concept of Entrapment.Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - 2018 - Criminal Law and Philosophy 12 (4):539-554.
    Our question is this: What makes an act one of entrapment? We make a standard distinction between legal entrapment, which is carried out by parties acting in their capacities as (or as deputies of) law- enforcement agents, and civil entrapment, which is not. We aim to provide a definition of entrapment that covers both and which, for reasons we explain, does not settle questions of permissibility and culpability. We explain, compare, and contrast two existing definitions of legal entrapment to commit (...)
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  15. Ex‐Offender Restrictions.Zachary Hoskins - 2014 - Journal of Applied Philosophy 31 (1):33-48.
    Individuals convicted of crimes are often subject to numerous restrictions — on housing, employment, the vote, public assistance, and other goods — well after they have completed their sentences, and in some cases permanently. The question of whether — and if so, when — ex-offender restrictions are morally permissible has received surprisingly little philosophical scrutiny. This article first examines the significance of completing punishment, of paying one's debt to society, and contends that when offenders' debts are paid, they should be (...)
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  16. Taking Deterrence Seriously: The Wide-Scope Deterrence Theory of Punishment.Lee Hsin-wen - 2017 - Criminal Justice Ethics 36 (1):2-24.
    A deterrence theory of punishment holds that the institution of criminal punishment is morally justified because it serves to deter crime. Because the fear of external sanction is an important incentive in crime deterrence, the deterrence theory is often associated with the idea of severe, disproportionate punishment. An objection to this theory holds that hope of escape renders even the severest punishment inapt and irrelevant. -/- This article revisits the concept of deterrence and defend a more plausible deterrence theory of (...)
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  17. Time and Crime: Which Cold-Case Investigations Should Be Reheated.Jonathan A. Hughes & Monique Jonas - 2015 - Criminal Justice Ethics 34 (1):18-41.
    Advances in forensic techniques have expanded the temporal horizon of criminal investigations, facilitating investigation of historic crimes that would previously have been considered unsolvable. Public enthusiasm for pursuing historic crimes is exemplified by recent high-profile trials of celebrities accused of historic sexual offences. These circumstances give new urgency to the question of how we should decide which historic offences to investigate. A satisfactory answer must take into account the ways in which the passage of time can erode the benefits of (...)
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  18. The Good, the Bad, and the Klutzy: Criminal Negligence and Moral Concern.Andrew Ingram - 2015 - Criminal Justice Ethics 34 (1):87-115.
    One proposed way of preserving the link between criminal negligence and blameworthiness is to define criminal negligence in moral terms. On this view, a person can be held criminally responsible for a negligent act if her negligence reflects a deficit of moral concern. Some theorists are convinced that this definition restores the link between negligence and blameworthiness, while others insist that criminal negligence remains suspect. This article contributes to the discussion by applying the work of ethicist Nomy Arpaly to criminal (...)
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  19. Prisons for Profit in the United States: Retribution and Means Vs. Ends.Christine James - 2012 - Journal for Human Rights 6 (1):76-93.
    The recent trend toward privately owned and operated prisons calls attention to a variety of issues involving human rights. The growing number of corporatized correctional institutions is especially notable in the United States, but it is also a global phenomenon in many countries. The reasons cited for privatizing prisons are usually economic; the opportunity to outsource prison services enables local political leaders to save tax revenue, and local communities are promised a chance to create new jobs and bring in a (...)
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  20. Could There Ever Be an App for That? Consent Apps and the Problem of Sexual Assault.Danaher John - 2018 - Criminal Law and Philosophy 12 (1):143-165.
    Rape and sexual assault are major problems. In the majority of sexual assault cases consent is the central issue. Consent is, to borrow a phrase, the ‘moral magic’ that converts an impermissible act into a permissible one. In recent years, a handful of companies have tried to launch consent apps which aim to educate young people about the nature of sexual consent and allow them to record signals of consent for future verification. Although ostensibly aimed at addressing the problems of (...)
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  21. A New Societal Self-Defense Theory of Punishment—The Rights-Protection Theory.Hsin-Wen Lee - 2018 - Philosophia 46 (2):337-353.
    In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right, I show that what we call “the right of self-defense” is actually composed of the right to protect our basic rights. The right of self-defense is not a single, self-standing right but a group of derivative rights justified by their contribution to the protection of the core, basic rights. Thus, these rights of self-defense are both justified and constrained (...)
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  22. Democracy and Security.Annabelle Lever - 2013 - The Philosophers' Magazine 63 (4):99-110.
    It is especially hard, at present, to read the newspapers without emitting a howl of anguish and outrage. Philosophy can heal some wounds but, in this case, political action may prove a better remedy than philosophy. It can therefore feel odd trying to think philosophically about surveillance at a time like this, rather than joining with like-minded people to protest the erosion of our civil liberties, the duplicity of our governments, and the failings in our political institutions - including our (...)
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  23. Crimini internazionali: punizione, perdono?Elisa Orrù - 2014 - Società Degli Individui 48:46-56.
    The International Criminal Court (ICC) and the South African Truth and Reconciliation Commission (TRC) were created at the end of the last century in order to redress the most serious violations of human rights. However, the two organisms are an example - and for most observers the best ones to date - of two radically different paradigms of justice: retributive justice on the one hand and restorative justice on the other. This article analyses the theoretical background, the challenging mandates, and (...)
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  24. Police Ethics Radically Revised: Corruption of the Noble Cause. [REVIEW]Joseph D. Osel - unknown
  25. Plato's Conception of Punitive Justice.Marek Piechowiak - 2015 - In Antonio Incampo & Wojciech Żełaniec (eds.), Universality of Punishment. Cacucci. pp. 73-96.
    The analysis demonstrates that for Plato the principal aim of punishment is not the defence of values acknowledged by the legal system nor the well being of the state, but the good of the individual – his personal development, which is, first of all, moral development. This development consists of the attainment of the greatest – situated on the level of existence – excellence of the subject, which is the virtue of justice, an inner unity based on inner regularity, order, (...)
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  26. Neuro-Interventions as Criminal Rehabilitation: An Ethical Review.Jonathan Pugh & Thomas Douglas - 2017 - In Jonathan D. Jacobs & Jonathan Jackson (eds.), The Routledge Handbook of Criminal Justice Ethics. London: Routledge.
    According to a number of influential views in penal theory, 1 one of the primary goals of the criminal justice system is to rehabilitate offenders. Rehabilitativemeasures are commonly included as a part of a criminal sentence. For example, in some jurisdictions judges may order violent offenders to attend anger management classes or to undergo cognitive behavioural therapy as a part of their sentences. In a limited number of cases, neurointerventions — interventions that exert a direct biological effect on the brain (...)
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  27. Justifications for Non-­Consensual Medical Intervention: From Infectious Disease Control to Criminal Rehabilitation.Jonathan Pugh & Thomas Douglas - 2016 - Criminal Justice Ethics 35 (3):205-229.
    A central tenet of medical ethics holds that it is permissible to perform a medical intervention on a competent individual only if that individual has given informed consent to the intervention. However, in some circumstances it is tempting to say that the moral reason to obtain informed consent prior to administering a medical intervention is outweighed. For example, if an individual’s refusal to undergo a medical intervention would lead to the transmission of a dangerous infectious disease to other members of (...)
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  28. Do Wrongdoers Have a Right to Make Amends?Linda Radzik - 2003 - Social Theory and Practice 29 (2):325-41.
    Do people deserve a chance to right the wrongs they have committed? Would denying an offender the opportunity to make amends amount to an injustice? There are compelling reasons to grant such a right. However, there are also significant objections. First, a right to make amends potentially undermines the state's right to punish criminal wrongdoers. Secondly, the alleged right threatens to put undue pressure on victims to forgive their abusers. In this essay I argue that these objections can be met (...)
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  29. Punishment: A Costly Signal?Gregory Robson - 2017 - Journal of Philosophy 114 (4):208-219.
    In “Punishment as a Costly Signal of Reform,” Jim Staihar argues that prisons should provide inmates with opportunities to sacrifice in ways that signal their genuine reform to others. I first show why Staihar’s program would be valuable, but only in restricted contexts. I then argue that costly signaling programs will usually be either not sufficiently costly to be taken seriously by the signal’s receivers or not rational for inmates in harsh prison environments to complete. Next, I consider the worry (...)
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  30. To Be a Victim.D. Sank & D. Caplan (eds.) - 1991 - Plenum.
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  31. Introduction: Forgiveness and Conflict.Paula Satne - 2016 - Philosophia 44 (4):999-1006.
    The papers collected in this volume are a selection of papers that were presented - or scheduled to be presented - at a workshop entitled Forgiveness and Conflict, which took place from 8-10 September 2014, as part of the Mancept Workshops in Political Theory at the University of Manchester. Some of these contributions are now compiled in this volume. The selected papers draw from different philosophical traditions and conceptual frameworks, addressing many aspects of contemporary philosophical debates on the nature and (...)
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  32. Reducing the Harmful Effects of Alcohol Misuse: The Ethics of Sobriety Testing in Criminal Justice.D. Shaw, K. McCluskey, W. Linden & C. Goodall - 2012 - Journal of Medical Ethics 38 (11):669-671.
    Alcohol use and abuse play a major role in both crime and negative health outcomes in Scotland. This paper provides a description and ethical and legal analyses of a novel remote alcohol monitoring scheme for offenders which seeks to reduce alcohol-related harm to both the criminal and the public. It emerges that the prospective benefits of this scheme to health and public order vastly outweigh any potential harms.
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  33. Preferring Punishment of Criminals Over Provisions for Victims.Roger Wertheimer - 1991 - In D. Sank & D. Caplan (eds.), To Be a Victim. Plenum.
    Victims of crime have long been victimized by our criminal justice system. Why? And why has the movement to rectify this been so late coming?
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  34. Moral Security.Jessica Wolfendale - 2017 - Journal of Political Philosophy 25 (2):238-255.
    In this paper, I argue that an account of security as a basic human right must incorporate moral security. Broadly speaking, a person possesses subjective moral security when she believes that her basic interests and welfare will be accorded moral recognition by others in her community and by social, political, and legal institutions in her society. She possesses objective moral security if, as a matter of fact, her interests and welfare are regarded by her society as morally important—for example, when (...)
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