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  1. Learning to Discriminate: The Perfect Proxy Problem in Artificially Intelligent Criminal Sentencing.Benjamin Davies & Thomas Douglas - manuscript
    It is often thought that traditional recidivism prediction tools used in criminal sentencing, though biased in many ways, can straightforwardly avoid one particularly pernicious type of bias: direct racial discrimination. They can avoid this by excluding race from the list of variables employed to predict recidivism. A similar approach could be taken to the design of newer, machine learning-based (ML) tools for predicting recidivism: information about race could be withheld from the ML tool during its training phase, ensuring that the (...)
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  2. Collateral Legal Consequences of Criminal Convictions in a Society of Equals.Jeffrey M. Brown - forthcoming - Criminal Law and Philosophy:1-25.
    This paper concerns what if any obligations a “society of equals” has to criminal offenders after legal punishment ends. In the United States, when people leave prisons, they are confronted with a wide range of federal, state, and local laws that burden their ability to secure welfare benefits, public housing, employment opportunities, and student loans. Since the 1980s, these legal consequences of criminal convictions have steadily increased in their number, severity, and scope. The central question I want to ask is (...)
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  3. Technology to Prevent Criminal Behavior.Gabriel De Marco & Thomas Douglas - forthcoming - In David Edmonds (ed.), Future Morality. Oxford:
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  4. 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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  5. A Few Opinions on Sentencing Enhancement for Hate Crimes.Chief Justice Heffernan - forthcoming - Criminal Justice Ethics.
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  6. Persuasive Technologies and the Right to Mental Liberty: The ‘Smart’ Rehabilitation of Criminal Offenders.Sjors Ligthart, Gerben Meynen & Thomas Douglas - forthcoming - In Marcello Ienca, O. Pollicino, L. Liguori, R. Andorno & E. Stefanini (eds.), Cambridge Handbook of Information Technology, Life Sciences and Human Rights. Cambridge, UK:
    Every day, millions of people use mobile phones, play video games and surf the Internet. It is thus important to determine how technologies like these change what people think and how they behave. This is a central issue in the study of persuasive technologies. ‘Persuasive technologies’—henceforth ‘PTs’—are digital technologies, such as mobile apps, video games and virtual reality systems, that are deployed for the explicit purpose of changing attitudes and/or behaviours, without using coercion, deception or extreme forms of psychological manipulation (...)
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  7. Would Nonconsensual Criminal Neurorehabilitation Express a More Degrading Attitude Towards Offenders Than Consensual Criminal Neurorehabilitation?Jukka Varelius - forthcoming - Neuroethics:1-12.
    It has been proposed that reoffending could be reduced by manipulating the neural underpinnings of offenders’ criminogenic mental features with what have been called neurocorrectives. The legitimacy of such use of neurotechnology – criminal neurorehabilitation, as the use is called – is usually seen to presuppose valid consent by the offenders subjected to it. According to a central criticism of nonconsensual criminal neurorehabilitation, nonconsensual use of neurocorrectives would express a degrading attitude towards offenders. In this article, I consider this criticism (...)
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  8. The Expressivist Objection to Nonconsensual Neurocorrectives.Gabriel De Marco & Thomas Douglas - 2021 - Criminal Law and Philosophy.
    Neurointerventions—interventions that physically or chemically modulate brain states—are sometimes imposed on criminal offenders for the purposes of diminishing the risk that they will recidivate, or, more generally, of facilitating their rehabilitation. One objection to the nonconsensual implementation of such interventions holds that this expresses a disrespectful message, and is thus impermissible. In this paper, we respond to this objection, focusing on the most developed version of it—that presented by Elizabeth Shaw. We consider a variety of messages that might be expressed (...)
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  9. Introduction to the Narrative Justice Symposium.Rafe McGregor - 2020 - Journal of Aesthetic Education 54 (4):1.
    Narrative Justice presents an argument for a contemporary theory of aesthetic education, followed by examples of that theory in practice.1 I use aesthetic education in its strict philosophical sense, that is, as a thesis about the relationship between aesthetic or artistic value on the one hand and moral and political value on the other hand. The crux of the thesis is that there is some kind of causal relation between aesthetic experiences and moral development. The term is ambiguous because an (...)
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  10. Replies to Critics.Rafe McGregor - 2020 - Journal of Aesthetic Education 54 (4):62.
    I am both grateful and flattered that colleagues whom I hold in such high regard have taken the time to engage so closely and so thoughtfully with my work. I am particularly pleased that those colleagues have approached Narrative Justice from such distinct perspectives as the intellectual impulse behind its writing was to create a work that was genuinely interdisciplinary and whose insights, such as they are, could be applied to a range of issues across the humanities and social sciences. (...)
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  11. Tzachi Zamir, "Just Literature: Philosophical Criticism and Justice.".Rafe McGregor - 2020 - Philosophy in Review 40 (4):179-181.
  12. Neuroenhancement, the Criminal Justice System, and the Problem of Alienation.Jukka Varelius - 2020 - Neuroethics 13 (3):325-335.
    It has been suggested that neuroenhancements could be used to improve the abilities of criminal justice authorities. Judges could be made more able to make adequately informed and unbiased decisions, for example. Yet, while such a prospect appears appealing, the views of neuroenhanced criminal justice authorities could also be alien to the unenhanced public. This could compromise the legitimacy and functioning of the criminal justice system. In this article, I assess possible solutions to this problem. I maintain that none of (...)
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  13. Profile Evidence, Fairness, and the Risks of Mistaken Convictions.Marcello Di Bello & Collin O’Neil - 2019 - Ethics 130 (2):147-178.
    Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why admitting other (...)
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  14. Is Preventive Detention Morally Worse Than Quarantine?Thomas Douglas - 2019 - In Jan W. De Keijser, Julian Roberts & Jesper Ryberg (eds.), Predictive Sentencing: Normative and Empirical Perspectives. London: Hart Publishing.
    In some jurisdictions, the institutions of criminal justice may subject individuals who have committed crimes to preventive detention. By this, I mean detention of criminal offenders (i) who have already been punished to (or beyond) the point that no further punishment can be justified on general deterrent, retributive, restitutory, communicative or other backwardlooking grounds, (ii) for preventive purposes—that is, for the purposes of preventing the detained individual from engaging in further criminal or otherwise socially costly conduct. Preventive detention, thus understood, (...)
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  15. Colonial Mind, Colonised Body: Structural Violence and Incarceration in Aotearoa.Elese B. Dowden - 2019 - Parrhesia 1 (30):88-102.
    There is an inherent link between colonisation and carceral institutions, and in this paper I aim to illuminate and critically review the philosophical implications of prison structures in relation to coloniality. I draw on the work of Lewis Gordon, Frantz Fanon & Nelson Maldonado-Torres in arguing that physical incarceration not only colonises the body, but the mind too, as a form of structural violence. In order to establish an existential phenomenological framework for coloniality in incarceration, I also make reference to (...)
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  16. Hypocrisy, Inconsistency, and the Moral Standing of the State.Kyle G. Fritz - 2019 - Criminal Law and Philosophy 13 (2):309-327.
    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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  17. Reparations for Police Killings.Jennifer Page - 2019 - Perspectives on Politics 17 (4):958-972.
    After a fatal police shooting in the United States, it is typical for city and police officials to view the family of the deceased through the lens of the law. If the family files a lawsuit, the city and police department consider it their legal right to defend themselves and to treat the plaintiffs as adversaries. However, reparations and the concept of “reparative justice” allow authorities to frame police killings in moral rather than legal terms. When a police officer kills (...)
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  18. The Intrinsic Good of Justice.Brian John Rosebury - 2019 - Ratio Juris 32 (2):193-209.
    Some retributivists claim that when we punish wrongdoers we achieve a good: justice. The paper argues that the idea of justice, though rhetorically freighted with positive value, contains only a small core of universally-agreed meaning; and its development in a variety of competing conceptions simply recapitulates, without resolving, debates within the theory of punishment. If, to break this deadlock, we stipulate an expressly retributivist conception of justice, then we should concede that punishment which is just may be morally wrong.
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  19. Race, Ideology, and the Communicative Theory of Punishment.Steven Swartzer - 2019 - Philosophers' Imprint 19:1-22.
    This paper explores communicative punishment from a non-idealized perspective. I argue that, given the specific racial dynamics involved, and given the broader social and historical context in which they are embedded, American policing and punishment function as a form of racially derogatory discourse. Understood as communicative behavior, criminal justice activities express a commitment to a broader ideology. Given the facts about how the American justice system actually operates, and given its broader socio-political context, American carceral behaviors express a commitment to (...)
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  20. The Torture Debate and the Toleration of Torture. [REVIEW]Jessica Wolfendale - 2019 - Criminal Justice Ethics 38:138-152.
    One of the questions raised by this important and thought-provoking collection of essays on torture is how and why the consensus that torture is wrong - a consensus enshrined in international law for decade - has become so fragile. As Scott Anderson writes in the introduction to this volume, "how did abusing and torturing prisoners suddenly become so popular?” The chapters in this volume offer insights into this question from the perspectives of history, psychology, law, philosophy, and sociology. This interdisciplinary (...)
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  21. Collective Responsibility and Joint Criminal Enterprise.David Atenasio - 2018 - In Brent J. Steele & Eric A. Heinze (eds.), Routledge Handbook of Ethics and International Relations. New York: Routledge. pp. 54-64.
    In this chapter, I analyze a number of theories of distributing collective responsibility to participating group members to assess the extent to which they justify or fail to justify the legal doctrine of Joint Criminal Enterprise.
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  22. 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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  23. 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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  24. 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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  25. From Prison to Jail: Adapting to Teaching in a New Carceral Environment.Joshua Miller - 2018 - PS Political Science and Politics 52 (1).
  26. Przeobrażenia idei sprawiedliwości społecznej. Część II: Sprawiedliwość społeczna jako sprawiedliwość wyrównawcza.Andrzej Stoiński - 2018 - Roczniki Filozoficzne 66 (1):99-114.
    W latach 40 XIX wieku Luigi Taparelli i Antonio Rosmini wprowadzili do publicznego obiegu termin „sprawiedliwość społeczna”. Od tamtego czasu znaczenie tego pojęcia znacznie się poszerzyło. W tej części wskazane zostały utożsamienia sprawiedliwości społecznej ze sprawiedliwością wyrównawczą (w odmianach: karzącej, naprawczej i wymiennej). Niektóre z tego rodzaju identyfikacji zakładają istnienie podmiotów kolektywnych. Występują one jako czasowe bądź przestrzenne grupy społeczne i kohorty.
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  27. Punishment and Democratic Rights: A Case Study in Non-Ideal Penal Theory.Steve Swartzer - 2018 - In Molly Gardner & Michael Weber (eds.), The Ethics of Policing and Imprisonment. pp. 7-37.
    In the United States, convicted offenders frequently lose the right to vote, at least temporarily. Drawing on the common observation that citizens of color lose democratic rights at disproportionately high rates, this chapter argues that this punishment is problematic in non-ideal societies because of the way in which it diminishes the political power of marginalized groups and threatens to reproduce patterns of domination and subordination, when they occur. This chapter then uses the case of penal disenfranchisement to illustrate how idealized (...)
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  28. Retributivism, Consequentialism, and the Risk of Punishing the Innocent: The Troublesome Case of Proxy Crimes.Piotr Bystranowski - 2017 - Diametros 53:26-49.
    This paper discusses differences between two major schools in philosophy of criminal law, retributivism and consequentialism, with regard to the risk of punishing the innocent. As it is argued, the main point of departure between these two camps in this respect lies in their attitude towards the high evidentiary threshold in a criminal trial: while retributivism seems to strongly support setting this standard high, consequentialists may find it desirable to relax it in some cases. This discussion is set in the (...)
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  29. 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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  30. 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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  31. 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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  32. Replaceable Lawyers and Guilty Defendants.Brian Talbot - 2017 - Journal of Moral Philosophy 14 (1):23-47.
    Many criminal lawyers should expect that, were they to not defend a certain client, someone no less capable would do so. It is morally wrong for such attorneys to defend defendants who should be punished. This is true even if we grant that the defendant’s right to be defended outweighs any rights that might be infringed by the defense and that the benefits of defending are greater than the harm. Nor does this argument depend on any particular view of punishment. (...)
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  33. 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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  34. 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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  35. 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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  36. 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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  37. 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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  38. 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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  39. 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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  40. Foucault, Michel.Dustin Garlitz - 2014 - In Bruce A. Arrigo (ed.), Encyclopedia of Criminal Justice Ethics. Sage Publications.
  41. Habermas, Jürgen.Dustin Garlitz - 2014 - In Bruce A. Arrigo (ed.), Encyclopedia of Criminal Justice Ethics. Sage Publications.
  42. Lacan, Jacques.Dustin Garlitz & Douglas Kellner - 2014 - In Bruce A. Arrigo (ed.), Encyclopedia of Criminal Justice Ethics. Sage Publications.
  43. Deleuze, Gilles.Dustin Garlitz & Douglas Kellner - 2014 - In Bruce A. Arrigo (ed.), Encyclopedia of Criminal Justice Ethics. Sage Publications.
  44. 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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  45. 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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  46. 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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  47. Constructing the 'Armenian Genocide': How Scholars Unremembered the Assyrian and Greek Genocides in the Ottoman Empire.Hannibal Travis - 2013 - Newark, NJ: Rutgers University Press.
  48. 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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  49. 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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  50. Reducing the Harmful Effects of Alcohol Misuse: The Ethics of Sobriety Testing in Criminal Justice.David Shaw, Karyn McCluskey, Will Linden & Christine 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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