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  1. added 2019-09-17
    Review of Elizabeth H. Wolgast, The Grammar of Justice. [REVIEW]Edmund Byrne - 1991 - Noûs 25 (1):137-139.
    Book under review consists of a set of articles by Wolgast that contibute in various ways to her contention that human beings arrive at a theory of justice quasi-empirically insofar as a particular group encounters and seeks to surmount experiences of gross injustice. Via such experiences they develop a community-oriented sense of justice; but they do not thereby create a reliable basis for communitarian ethics.
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  2. added 2019-09-05
    Brain Privacy and the Case of Cannibal Cop.Mark Tunick - 2017 - Res Publica 23 (2):179-196.
    In light of technology that may reveal the content of a person’s innermost thoughts, I address the question of whether there is a right to ‘brain privacy’—a right not to have one’s inner thoughts revealed to others–even if exposing these thoughts might be beneficial to society. I draw on a conception of privacy as the ability to control who has access to information about oneself and to an account that connects one’s interest in privacy to one’s interests in autonomy and (...)
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  3. added 2019-06-29
    Moral Uncertainty and the Criminal Law.Christian Barry & Patrick Tomlin - forthcoming - In Kimberly Ferzan & Larry Alexander (eds.), Handbook of Applied Ethics and the Criminal Law. New York: Palgrave.
    In this paper we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We examine how we might (...)
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  4. added 2019-06-06
    ''Dirty Words'' and the Offense Principle.David Shoemaker - 2000 - Law and Philosophy 19 (5):545-584.
    Unabridged dictionaries are dangerous books. In their pages man’s evilest thoughts find means of expression. Terms denoting all that is foul or blasphemous or obscene are printed there for men, women and children to read and ponder. Such books should have their covers padlocked and be chained to reading desks, in the custody of responsible librarians, preferably church members in good standing. Permission to open such books should be granted only after careful inquiry as to which word a reader plans (...)
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  5. added 2019-06-06
    Commodification and Phenomenology: Evading Consent in Theory Regarding Rape: John H. Bogart.John H. Bogart - 1996 - Legal Theory 2 (3):253-264.
    In a recent essay, Donald Dripps advanced what he calls a “commodification theory” of rape, offered as an alternative to understanding rape in terms of lack of consent. Under the “commodification theory,” rape is understood as the expropriation of sexual services, i.e., obtaining sex through “illegitimate” means. One aim of Dripps's effort was to show the inadequacy of consent approaches to understanding rape. Robin West, while accepting Dripps's critique of consent theories, criticizes Dripps's commodification approach. In its place, West suggests (...)
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  6. added 2019-06-05
    The Spell of Responsibility: Labor, Criminality, Philosophy.Frieder Vogelmann - 2017 - London: Rowman & Littlefield International.
    Most people would agree that we should behave and act in a responsible way. Yet only 200 years ago, ‘responsibility’ was only of marginal importance in discussions of law and legal practice, and it had little ethical significance. What is the significance of the fact that ‘responsibility’ now plays such a central role in, for example, work, the welfare state, or the criminal justice system? What happens when individuals are generally expected to think of themselves as ‘responsible’ agents? And what (...)
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  7. added 2019-06-03
    Kramer’s Purgative Rationale for Capital Punishment: A Critique.John Danaher - 2013 - Criminal Law and Philosophy 9 (2):225-244.
    Matthew Kramer has recently defended a novel justification for the death penalty, something he calls the purgative rationale. According to this rationale, the death penalty can be justifiably implemented if it is necessary in order to purge defilingly evil offenders from a moral community. Kramer claims that this rationale overcomes the problems associated with traditional rationales for the death penalty. Although Kramer is to be commended for carving out a novel niche in a well-worn dialectical space, I argue that his (...)
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  8. added 2019-05-13
    Criminally Ignorant: Why the Law Pretends We Know What We Don't.Alexander Sarch - 2019 - New York, NY, USA: Oup Usa.
    The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing (...)
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  9. added 2019-05-13
    Resolving Judicial Dilemmas.Alexander Sarch & Daniel Wodak - 2018 - Virginia Journal of Criminal Law 6:93-181.
  10. added 2019-04-24
    The Ethics of Proposed Euthanasia Laws in Australia.Thomas F. Burns - 2014 - Dissertation, Monash University
  11. added 2019-03-08
    Beyond Punishment? A Normative Account of the Collateral Legal Consequences of Conviction.Zachary Hoskins - 2019 - New York, USA: Oxford University Press.
    People convicted of crimes are subject to a criminal sentence, but they also face a host of other restrictive legal measures: Some are denied access to jobs, housing, welfare, the vote, or other goods. Some may be deported, may be subjected to continued detention, or may have their criminal records made publicly accessible. These measures are often more burdensome than the formal sentence itself. -/- In Beyond Punishment?, Zachary Hoskins offers a philosophical examination of these burdensome legal measures, called collateral (...)
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  12. added 2019-02-03
    What is the Incoherence Objection to Legal Entrapment?Daniel Hill, Stephen K. McLeod & Attila Tanyi - manuscript
    Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise and more rigorous than its predecessors. We argue that the best form of the objection asserts (...)
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  13. added 2019-01-25
    Criminalization and the Collateral Consequences of Conviction.Zachary Hoskins - 2018 - Criminal Law and Philosophy 12 (4):625-639.
    Convicted offenders face a host of so-called “collateral” consequences: formal measures such as legal restrictions on voting, employment, housing, or public assistance, as well as informal consequences such as stigma, family tensions, and financial insecurity. These consequences extend well beyond an offender’s criminal sentence itself and are frequently more burdensome than the sentence. This essay considers two respects in which collateral consequences may be relevant to the question of what the state should, or may, criminalize. First, they may be relevant (...)
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  14. added 2019-01-20
    The New Philosophy of Criminal Law.Chad Flanders & Zachary Hoskins (eds.) - 2015 - London, UK: Rowman & Littlefield International.
    This volume is a collection of twelve new essays, authored by leading philosophers and legal theorists, examining the central conceptual and normative questions underlying our institutions of criminal law.
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  15. added 2019-01-08
    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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  16. added 2019-01-03
    Regulating Child Sex Robots: Restriction or Experimentation?John Danaher - forthcoming - Medical Law Review.
    In July 2014, the roboticist Ronald Arkin suggested that child sex robots could be used to treat those with paedophilic predilections in the same way that methadone is used to treat heroin addicts. Taking this onboard, it would seem that there is reason to experiment with the regulation of this technology. But most people seem to disagree with this idea, with legal authorities in both the UK and US taking steps to outlaw such devices. In this paper, I subject these (...)
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  17. added 2018-11-29
    Liberalism and Policing: The State We're In.Luke William Hunt - 2018 - In the Long Run (University of Cambridge).
    Short online essay on the state of policing in liberal societies, discussing how executive discretionary power has grown to such a degree that it has trended toward illiberal practices and policies.
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  18. added 2018-11-03
    What We Talk About When We Talk About Dignity in Policing.Luke William Hunt - 2018 - Virginia Criminal Justice Bulletin 3 (2).
    This essay sketches various conceptions of dignity and how those conceptions might be relevant to police brutality and legal rights.
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  19. added 2018-09-21
    Finding Space for Criminal Prosecutions Post‐Conflict.Jovana Davidovic - 2016 - Journal of Applied Philosophy 33 (1):53-68.
    Post-conflict criminal prosecutions for the worst of crimes can play a meaningful role in achieving transitional justice. This once-common view has recently been the subject of widespread criticism that is rooted in the belief that criminal prosecutions undermine reconciliation. This has lead some scholars to argue that we must either abandon criminal prosecutions post-conflict or that we ought to use them for more general transitional justice aims, like restorative justice. This article argues against abandoning criminal prosecutions post conflict and against (...)
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  20. added 2018-08-29
    Who Can Blame Whom? Moral Standing to Blame and Punish Deprived Citizens.Gustavo A. Beade - 2019 - Criminal Law and Philosophy 13 (2):271-281.
    There are communities in which disadvantaged groups experience severe inequality. For instance, poor and indigent families face many difficulties accessing their social rights. Their condition is largely the consequence of the wrong choices of those in power, either historical or more recent choices. The lack of opportunities of these deprived citizens is due to state omissions. In such communities, it is not unusual for homeless members of these particular groups to occupy abandoned lands and build their shelters there. However, almost (...)
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  21. added 2018-08-22
    Empirical Desert, Individual Prevention, and Limiting Retributivism: A Reply.Paul Robinson, Joshua S. Barton & Matthew J. Lister - 2014 - New Criminal Law Review 17 (2):312-375.
    A number of articles and empirical studies over the past decade, most by Paul Robinson and co-authors, have suggested a relationship between the extent of the criminal law's reputation for being just in its distribution of criminal liability and punishment in the eyes of the community – its "moral credibility" – and its ability to gain that community's deference and compliance through a variety of mechanisms that enhance its crime-control effectiveness. This has led to proposals to have criminal liability and (...)
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  22. added 2018-06-25
    Prosecutors, Guilty Pleas, and the Consequences of a Conviction.Zachary Hoskins - 2017 - In Emily Crookston, David Killoren & Jonathan Trerise (eds.), Ethics in Politics: The Rights and Obligations of Individual Political Agents. New York, USA: Routledge. pp. 305-318.
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  23. added 2018-05-02
    The Contradiction of Crimmigation.José Jorge Mendoza - 2018 - APA Newsletter on Hispanic/Latino Issues in Philosophy 17 (2):6-9.
    This essay argues that we should find Crimmigration, which is the collapsing of immigration law with criminal law, morally problematic for three reasons. First, it denies those who are facing criminal penalties important constitutional protections. Second, it doubly punishes those who have already served their criminal sentence with an added punishment that should be considered cruel and unusual (i.e., indefinite imprisonment or exile). Third, when the tactics aimed at protecting and serving local communities get usurped by the federal government for (...)
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  24. added 2018-03-13
    What’s Inside and Outside the Law?Larry Alexander - 2012 - Law and Philosophy 31 (2):213-241.
    In this article I take up a conceptual question: What is the distinction between ‘the law’ and the behavior the law regulates, or, as I formulate it, the distinction between what is ‘inside’ the law and what is ‘outside’ it? That conceptual question is in play in (at least) three different doctrinal domains: the constitutional law doctrines regarding the limits on the delegation of legislative powers; the criminal law doctrines regarding mistakes of law; and the constitutional rights doctrines that turn (...)
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  25. added 2018-03-08
    Mandatory Minimums and the War on Drugs.Daniel Wodak - 2018 - In David Boonin (ed.), Palgrave Handbook of Philosophy and Public Policy. Palgrave.
    Mandatory minimum sentencing provisions have been a feature of the U.S. justice system since 1790. But they have expanded considerably under the war on drugs, and their use has expanded considerably under the Trump Administration; some states are also poised to expand drug-related mandatory minimums further in efforts to fight the current opioid epidemic. In this paper I outline and evaluate three prominent arguments for and against the use of mandatory minimums in the war on drugs—they appeal, respectively, to proportionality, (...)
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  26. added 2018-03-05
    Defending Punishment. Replies to Critics.Thom Brooks - 2015 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 5 (1).
    I am very grateful to the contributors for this symposium for their essays on my Punishment book. Each focuses with different elements of my work. Antony Duff examines the definition of punishment in my first few pages. Michelle Madden Dempsey analyses the importance given to coherence in my account and critique of expressivist theories of punishment. Richard Lippke considers my statements about negative retributivism in an important new defence of that approach. I examine each of these in turn below. While (...)
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  27. added 2018-03-05
    Rousseau and Law.Thom Brooks - 2005
    Jean-Jacques Rousseau stands as one of the most influential figures in the history of philosophy. His masterpiece-The Social Contract-has had a profound effect on legal and political theorists ever since its appearance. Rousseau and Law presents for the first time in one collection the most important contemporary work exploring his many contributions to legal theory. These essays deal with a variety of issues, such as social contract theories, democratic rights, fundamental law, natural law and natural rights, affinities between Rousseau and (...)
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  28. added 2018-02-26
    Culpability and Irresponsibility.Martin Montminy - 2018 - Criminal Law and Philosophy 12 (1):167-181.
    I defend the principle that a person is blameworthy for her action only if that action was morally wrong. But what should we say about an agent who does the right thing based on bad motives? I present three types of cases that have these features. In each, I argue, the agent is not culpable for her action; however, she violates the norm of moral responsibility, and thus acts in a morally irresponsible way. This analysis, I show, has several virtues. (...)
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  29. added 2018-02-02
    Legal Luck.Ori Herstein - forthcoming - In Rutledge Companion to the Philosophy of Luck. Rutledge.
    Explaining the notion of legal luck and exploring its justification. Focusing on how legal luck relates to moral luck, legal causation and negligence, and to civil and criminal liability.
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  30. added 2017-11-22
    Complicity.Saba Bazargan-Forward - 2017 - In Marija Jankovic & Kirk Ludwig (eds.), Routledge Handbook on Collective Intentionality. Routledge University Press.
    Complicity marks out a way that one person can be liable to sanctions for the wrongful conduct of another. After describing the concept and role of complicity in the law, I argue that much of the motivation for presenting complicity as a separate basis of criminal liability is misplaced; paradigmatic cases of complicity can be assimilated into standard causation-based accounts of criminal liability. But unlike others who make this sort of claim I argue that there is still room for genuine (...)
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  31. added 2017-11-22
    Accountability and Intervening Agency: An Asymmetry Between Upstream and Downstream Actors.Saba Bazargan-Forward - 2017 - Utilitas 29 (1):110-114.
    Suppose someone (P1) does something that is wrongful only in virtue of the risk that it will enable another person (P2) to commit a wrongdoing. Suppose further that P1’s conduct does indeed turn out to enable P2’s wrongdoing. The resulting wrong is agentially mediated: P1 is an enabling agent and P2 is an intervening agent. Whereas the literature on intervening agency focuses on whether P2’s status as an intervening agent makes P1’s conduct less bad, I turn this issue on its (...)
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  32. added 2017-11-09
    Ignorance Lost: A Reply to Yaffe on the Culpability of Willful Ignorance.Alexander Sarch - 2018 - Criminal Law and Philosophy 12 (1):107-124.
    In a recent paper in this journal, Gideon Yaffe provides an expected utility model of culpability in order to explain why willfully ignorant misconduct sometimes is just as culpable as knowing misconduct. Although promising, I argue here that challenges remain for Yaffe’s view. First, I argue that Yaffe’s proof of the equal culpability of willful ignorance and knowledge is not watertight in certain realistic cases. Next, I argue that Yaffe’s view of culpability is motive-sensitive in a way that sits uncomfortably (...)
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  33. added 2017-11-09
    Who Cares What You Think? Criminal Culpability and the Irrelevance of Unmanifested Mental States.Alexander Sarch - 2017 - Law and Philosophy 36 (6):707-750.
    The criminal law declines to punish merely for bad attitudes that are not properly manifested in action. One might try to explain this on practical grounds, but these attempts do not justify the law’s commitment to never punishing unmanifested mental states in worlds relevantly similar to ours. Instead, a principled explanation is needed. A more promising explanation thus is that one cannot be criminally culpable merely for unmanifested bad attitudes. However, the leading theory of criminal culpability has trouble making good (...)
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  34. added 2017-11-09
    Double Effect and the Criminal Law.Alexander Sarch - 2017 - Criminal Law and Philosophy 11 (3):453-479.
    American criminal law is committed to some version of the doctrine of double effect. In this paper, I defend a new variant of the agent-centered rationale for a version of DDE that is of particular relevance to the criminal law. In particular, I argue for a non-absolute version of DDE that concerns the relative culpability of intending a bad or wrongful state of affairs as opposed to bringing it about merely knowingly. My aim is to identify a particular feature of (...)
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  35. added 2017-11-09
    Equal Culpability and the Scope of the Willful Ignorance Doctrine.Alexander Sarch - 2016 - Legal Theory 22 (3-4):276-311.
    Courts commonly allow willful ignorance to satisfy the knowledge element of a crime. The traditional rationale for this doctrine is that willfully ignorant misconduct is just as culpable as knowing misconduct. But it is not obvious that this “equal culpability thesis” holds across the board. Is it true in all cases of willful ignorance or only some? This is the question I investigate here. -/- Specifically, I argue against several common versions of the equal culpability thesis before defending my own (...)
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  36. added 2017-10-13
    Sanctioning.Lucas Miotto - 2018 - Jurisprudence 9 (2):236-250.
    Up until recently, most legal philosophers have argued that an action is a token of sanctioning if, and only if, (i) its performance brings about unwelcome consequences to the targets, and (ii) it is performed as a response to the breach of a duty. In this paper I take issue with this account. I first add some qualifications to it in order to present it in its most plausible form. After doing this, I advance a series of hypothetical cases which (...)
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  37. added 2017-08-25
    The Democratic Legitimacy of Bias Crime Laws: Public Reason and the Political Process.Andrew Altman - 2001 - Law and Philosophy 20 (2):141-173.
  38. added 2017-08-15
    The Concept of Voluntariness.Maria Alvarez - 2016 - Jurisprudence 7 (3):665-671.
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  39. added 2017-08-15
    Norman Geras: Crimes Against Humanity: Birth of a Concept.Andrew Altman - 2016 - Criminal Law and Philosophy 10 (1):205-214.
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  40. added 2017-08-15
    Concepts of Omission.Andrew Altman - 2005 - Legal Theory 11 (3):251-257.
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  41. added 2017-08-15
    Moving From Voluntary Euthanasia to Non-Voluntary Euthanasia: Equality and Compassion.Kumar Amarasekara & Mirko Bagaric - 2004 - Ratio Juris 17 (3):398-423.
  42. added 2017-08-15
    A Research-Based Theory of Addictive Motivation.George Ainslie - 2000 - Law and Philosophy 19 (1):77-115.
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  43. added 2017-08-15
    Legal Entrapment.Andrew Altman & Steven Lee - 1983 - Philosophy and Public Affairs 12 (1):51-69.
  44. added 2017-08-08
    Tracking Hate Speech Acts as Incitement to Genocide in International Criminal Law.Shannon Fyfe - 2017 - Leiden Journal of International Law 30 (2):523-548.
    In this article, I argue that we need a better understanding of the theoretical underpinnings of the current debates in international law surrounding hate speech and inchoate crimes. I construct a theoretical basis for speech acts as incitement to genocide, distinguishing these speech acts from speech as genocide and speech denying genocide by integrating international law with concepts drawn from speech act theory and moral philosophy. I use the case drawn on by many commentators in this area of international criminal (...)
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  45. added 2017-08-03
    The Transcivilisational Perspective and the Universalism of the International Criminal Court.Elisa Orrù - 2014 - Storia Del Pensiero Politico 3 (2):285-310.
    The International Criminal Court (ICC) seems to have finally realized the ending legal globalists have long yearned for: a potentially universal, centralized and permanent court, able to enforce international humanitarian law without the mediation of the state. A legal system of mankind seems now more possible than ever before. The universalistic claim of the ICC, I contend in this article, is nevertheless potentially biased by a West-centric prejudice. Critically drawing on the transcivilizational perspective suggested by Onuma Yasuaki, I propose to (...)
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  46. added 2017-08-02
    Risk Assessment Tools in Criminal Justice and Forensic Psychiatry: The Need for Better Data.Thomas Douglas, Jonathan Pugh, Illina Singh, Julian Savulescu & Seena Fazel - 2017 - European Psychiatry 42:134-137.
    Violence risk assessment tools are increasingly used within criminal justice and forensic psychiatry, however there is little relevant, reliable and unbiased data regarding their predictive accuracy. We argue that such data are needed to (i) prevent excessive reliance on risk assessment scores, (ii) allow matching of different risk assessment tools to different contexts of application, (iii) protect against problematic forms of discrimination and stigmatisation, and (iv) ensure that contentious demographic variables are not prematurely removed from risk assessment tools.
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  47. added 2017-07-18
    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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  48. added 2017-07-17
    Mens Rea by the Numbers.Gideon Yaffe - 2018 - Criminal Law and Philosophy 12 (3):393-409.
    Before the recent presidential election, a bipartisan congressional effort was made to pass a criminal justice reform bill. The bill faltered in part because of a proposed default mens rea provision: statutes silent on mens rea, that were not explicitly identified as strict liability by the legislature, would be taken to require for guilt proof of knowledge with respect to each material element. This paper focusses on a prominent line of disagreement about the default mens rea provision. Proponents argued that (...)
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  49. added 2017-07-10
    The Overall Function of International Criminal Law: Striking the Right Balance Between the Rechtsgut and the Harm Principles. [REVIEW]Kai Ambos - 2015 - Criminal Law and Philosophy 9 (2):301-329.
    Current International Criminal Law suffers from at least four theoretical shortcomings regarding its ‘concept and meaning’, ‘ius puniendi’, ‘overall function’ and ‘purposes of punishment’. These issues are intimately interrelated; in particular, any reflection upon the last two issues without having first clarified the ius puniendi would not make sense. As argued elsewhere, in an initial contribution towards a consistent theory of ICL, the ius puniendi can be inferred from a combination of the incipient supranationality of the value-based world order and (...)
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  50. added 2017-07-10
    Cruelty in Criminal Law: Four Conceptions.Paulo Barrozo - 2015 - Criminal Law Bulletin 51 (5):67.
    This Article defines four distinct conceptions of cruelty found in underdeveloped form in domestic and international criminal law sources. The definition is analytical, focusing on the types of agency, victimization, causality, and values in each conception of cruelty. But no definition of cruelty will do justice to its object until complemented by the kind of understanding practical reason provides of the implications of the phenomenon of cruelty. -/- No one should be neutral in relation to cruelty. Eminently, cruelty in criminal (...)
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