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  1. added 2018-11-28
    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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  2. added 2018-11-11
    Informants, Police, and Unconscionability.Luke William Hunt - 2018 - Institute of Art and Ideas (IAI Online Magazine).
    Essay exploring the extent to which certain agreements between the police and informants are an affront (both procedurally and substantively) to basic tenets of the liberal tradition in legal and political philosophy.
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  3. 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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  4. added 2018-09-26
    Implicit Attitudes and the Ability Argument.Wesley Buckwalter - forthcoming - Philosophical Studies:1-30.
    According to one picture of the mind, decisions and actions are largely the result of automatic cognitive processing beyond our ability to control. This picture is in tension with a foundational principle in ethics that moral responsibility for behavior requires the ability to control it. The discovery of implicit attitudes contributes to this tension. According to the ability argument against moral responsibility, if we cannot control implicit attitudes, and implicit attitudes cause behavior, then we cannot be morally responsible for that (...)
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  5. 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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  6. added 2018-07-28
    The Retrieval of Liberalism in Policing.Luke William Hunt - 2019 - New York, NY, USA: Oxford University Press.
    There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in which (...)
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  7. added 2018-07-17
    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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  8. added 2018-05-30
    On Enforcing Unjust Laws in a Just Society.Jake Monaghan - forthcoming - The Philosophical Quarterly.
    Legitimate political institutions sometimes produce clearly unjust laws. It is widely recognized, especially in the context of war, that agents of the state may not enforce political decisions that are very seriously unjust or are the decisions of illegitimate governments. But may agents of legitimate states enforce unjust, but not massively unjust, laws? In this paper, I respond to three defences of the view that it is permissible to enforce these unjust laws. Analogues of the Walzerian argument from patriotism, the (...)
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  9. 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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  10. added 2018-04-16
    Loyalty, Justice, and Rights: Royce and Police Ethics in 21st Century America.Mathew A. Foust - 2018 - Criminal Justice Ethics 37 (1):01-19.
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  11. added 2018-03-05
    The Special Moral Obligations of Law Enforcement.Jake Monaghan - 2017 - Journal of Political Philosophy 25 (2):218-237.
    Recent controversial cases of killings by police have generated competing Black Lives Matter and Blue Lives Matter movements. Blue Lives Matter proponents claim that the focus on and protests in light of police killings of unarmed black persons is unwarranted. Part of this dispute turns on the moral evaluation of the killing of citizens by law enforcement. To address the dispute, I develop an account of the special moral obligations of law enforcement and show how it can be applied. I (...)
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  12. added 2018-02-16
    Police Loyalties.John Kleinig - 1996 - Professional Ethics, a Multidisciplinary Journal 5 (1):29-42.
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  13. added 2017-11-17
    Shooting to Kill: The Ethics of Police and Military Use of Lethal Force Seumas Miller Oxford: Oxford University Press, 2016; 294 Pp.; $39.95. [REVIEW]Stephen Bernard Hawkins - 2018 - Dialogue 57 (3):641-643.
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  14. added 2017-08-06
    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. added 2017-03-28
    Police and Democracy.Sklansky David Alan - forthcoming - .
    This Article explores the connections between ideas about American democracy and ideas about the police. I argue that criminal procedure jurisprudence and scholarship on the police over the past half-century have roughly tracked, in a delayed fashion, developments in democratic theory over the same period. The most important of these developments were, first, the emergence during the 1950s of the pluralist theory of democracy, an unusually rich and resonant account that emphasized the roles of elites, interest groups, and competition in (...)
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  16. added 2017-03-28
    Moral Subversion and Structural Entrapment.Jeffrey W. Howard - 2016 - Journal of Political Philosophy 24 (1):24-46.
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  17. added 2017-03-28
    Problem-Oriented Policing: Principles, Practice, and Crime Prevention.Braga Anthony - 2014 - In . Oup Usa.
    The police are perhaps the most visible representation of government. They are charged with what has been characterized as an "impossible" mandate-control and prevent crime, keep the peace, provide public services-and do so within the constraints of democratic principles. The police are trusted to use deadly force when it is called for and are allowed access to our homes in cases of emergency. In fact, police departments are one of the few government agencies that can be mobilized by a simple (...)
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  18. added 2017-03-28
    Community Policing.Cordner Gary - 2014 - In . Oxford University Press.
    The police are perhaps the most visible representation of government. They are charged with what has been characterized as an "impossible" mandate -- control and prevent crime, keep the peace, provide public services -- and do so within the constraints of democratic principles. The police are trusted to use deadly force when it is called for and are allowed access to our homes in cases of emergency. In fact, police departments are one of the few government agencies that can be (...)
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  19. added 2017-03-28
    Legitimate and Illegitimate Uses of Police Force.John Kleinig - 2014 - Criminal Justice Ethics 33 (2):83-103.
    Utilizing a contractualist framework for understanding the basis and limits for the use of force by police, this article offers five limiting principles—respect for status as moral agents, proportionality, minimum force necessary, ends likely to be accomplished, and appropriate motivation—and then discusses uses of force that violate or risk violating those principles. These include, but are not limited to, unseemly invasions, strip searches, perp walks, handcuffing practices, post-chase apprehensions, contempt-of-cop arrests, overuse of intermediate force measures, coerced confessions, profiling, stop and (...)
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  20. added 2017-03-28
    Rage Against the Machine: A Reply to Professors Bierschbach and Bibas.Erik Luna - 2012 - Minnesota Law Review 97:2245.
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  21. added 2017-03-28
    The Constitution of Criminal Law: Justifications, Policing and the State's Fiduciary Duties. [REVIEW]Malcolm Thorburn - 2011 - Criminal Law and Philosophy 5 (3):259-276.
    This paper, originally written for a conference on criminal law in times of emergency, considers the implications of the ‘German Airliner case’ for criminal law theory. In that case, the German constitutional court struck down as unconstitutional a law empowering state officials to order the shooting down of a hijacked plane on the grounds that the state could not order the killing of innocent civilians. Some have argued that despite this ruling, individual officials should still be entitled to claim a (...)
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  22. added 2017-03-28
    Legal Guilt, Normative Innocence, and The Equitable Decision Not to Prosecute.Bowers Josh - 2010 - .
    Charging discretion is no monolith. Instead, prosecutors consider three sets of reasons to decline or pursue charges: legal reasons, administrative reasons, and equitable reasons. The conventional wisdom is that prosecutors are best positioned to evaluate these reasons. Consequently, prosecutors are granted almost unfettered charging discretion. More narrowly, when prosecutors decline or pursue charges for equitable reasons, they exercise their prerogative unchecked. This is defensible only if prosecutors are most competent to exercise equitable discretion. That question is almost never asked or (...)
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  23. added 2017-03-28
    Ethics and Criminal Justice: An Introduction.John Kleinig (ed.) - 2008 - Cambridge University Press.
    This textbook looks at the main ethical questions that confront the criminal justice system - legislature, law enforcement, courts, and corrections - and those who work within that system, especially police officers, prosecutors, defence lawyers, judges, juries, and prison officers. John Kleinig sets the issues in the context of a liberal democratic society and its ethical and legislative underpinnings, and illustrates them with a wide and international range of real-life case studies. Topics covered include discretion, capital punishment, terrorism, restorative justice, (...)
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  24. added 2017-03-28
    The Jurisprudence of Security: The Police Power and the Criminal Law.Farmer Lindsay - 2008 - In . Stanford University Press Stanford, Ca.
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  25. added 2017-03-28
    Police Beyond Law? The Police Power: Patriarchy and the Foundations of American Government By Marcus Dirk Dubber. New York, Columbia University Press 2005 Pp. Xvi, 268 $75.00 , $24.50. [REVIEW]Ian Loader & Lucia Zedner - 2007 - New Criminal Law Review: An International and Interdisciplinary Journal 10 (1):142-152.
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  26. added 2017-03-28
    Comments on Risse and Lever.Michael Levin - 2007 - Criminal Justice Ethics 26 (1):29-35.
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  27. added 2017-03-28
    Police Beyond Law.Ian Loader & Lucia Zedner - 2007 - New Criminal Law Review 10:142.
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  28. added 2017-03-28
    Racial Profiling: A Reply to Two Critics.Mathias Risse - 2007 - Criminal Justice Ethics 26 (1):4-19.
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  29. added 2017-03-28
    Commentary: The Situational Prevention of Terrorism: Some Ethical Considerations.R. Newman Graeme & V. Clarke Ronald - 2007 - Criminal Justice Ethics 26 (1):2-66.
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  30. added 2017-03-28
    Intelligence Led Policing, Managerialism and Community Engagement: Competing Priorities and the Role of the National Intelligence Model in the UK.Maguire Mike & John Tim - 2006 - Policing and Society 16 (1):67-85.
    This paper revisits the earlier claim of one of its authors that a fundamental shift is taking place in policing towards a strategic, future-oriented and targeted approach to crime control—broadly represented in the concept of “intelligence led policing” —built around analysis and management of problems and risks, rather than reactive responses to individual crimes. Some doubt may be cast on this view by recent government promotion in the UK of “reassurance” and “neighbourhood” policing, which prioritise responses to community fears and (...)
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  31. added 2017-03-28
    Dangerous Excursions: The Case Against Expanding Forensic DNA Databases to Innocent Persons.Tania Simoncelli - 2006 - Journal of Law, Medicine and Ethics 34 (2):390-397.
    Recent expansions of federal and state law enforcement databanks to include DNA samples and profiles of innocent persons threaten individual privacy, impose unjustifiable costs on society, and may undermine our pursuit of justice. The move to permanently retain DNA from arrestees and proposals for a universal database should be vigorously opposed on matters of principle, legality, and practicality.
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  32. added 2017-03-28
    What is Wrong with Entrapment?Paul M. Hughes - 2004 - Southern Journal of Philosophy 42 (1):45-60.
    Proactive law enforcement techniques such as sting operations sometimes go too far, resulting in innocent people being "entrapped" into committing crime. Fortunately, the criminal law recognizes entrapment as a defense to a criminal charge. There is, however, much confusion about entrapment. In this paper I argue that this confusion is a result of misunderstanding the _moral status of entrapment. Since all proactive law enforcement violates the autonomy of those subject to it, it undermines moral agency and criminal liability. Although this (...)
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  33. added 2017-03-28
    Advance of Intelligence-Led Policing Strategies: The Emperor's New Clothes, The.Adrian James - 2003 - Police Journal 76:45.
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  34. added 2017-03-28
    Principled Enforcement of Penal Codes.Erik Luna - 2000 - Buffalo Criminal Law Review 4:515.
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  35. added 2017-03-28
    Policing by Risks and Targets: Some Dimensions and Implications of Intelligence‐Led Crime Control.Mike Maguire - 2000 - Policing and Society 9 (4):315-336.
    The author takes a broad look at recent shifts in approaches to crime control, in particular the adoption of ‘intelligence‐led’ policing strategies, information‐sharing between agencies, and risk assessment and risk management. Such approaches — which can be understood within the general framework of the growth of ‘risk societies’ ‐ are now evident at all levels, from transnational operations against organised crime, to local initiatives against persistent property offenders and even ‘anti‐social behaviour’. Focusing mainly on Britain, the author outlines recent developments (...)
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  36. added 2017-03-28
    Review of The Ethics of Policing by John Kleinig. [REVIEW]Clark Michael - 2000 - Mind 109 (433):152-155.
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  37. added 2017-03-28
    Entrapment in the Net?Walter Sinnott-Armstrong - 1999 - Ethics and Information Technology 1 (2):95-104.
    Internet stings to catch child molesters raise problems for popular tests of entrapment that focus on causation, initiative, counterfactuals, and subjective predisposition. An objective test of entrapment works better in the context of the Internet. The best form of objective test is determined by consequences of drawing a line at various places. This approach allows some Internet stings but counts other stings as entrapment when they go too far.
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  38. added 2017-03-28
    Stopping the Violence: The Role of the Police Officer and the Prosecutor.Casey G. Gwinn & Anne O'Dell - 1992 - Western State University Law Review 20:297.
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  39. added 2017-03-28
    Crime and the Concept of Harm.John Kleinig - 1978 - American Philosophical Quarterly 15 (1):27 - 36.
  40. added 2017-03-28
    Police Discretion and Discriminatory Enforcement.Joseph H. Tieger - 1971 - Duke Lj.
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  41. added 2017-03-28
    Controlling the Police: The Judge's Role in Making and Reviewing Law Enforcement Decisions.Wayne R. LaFave & Frank J. Remington - 1965 - Michigan Law Review 63 (6):987-1012.
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  42. added 2017-03-28
    The Prevention of Crime.Ferdinand Tonnies - 1891 - International Journal of Ethics 2 (1):51-77.
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  43. added 2017-02-27
    Liability to Deception and Manipulation: The Ethics of Undercover Policing.Christopher Nathan - 2017 - Journal of Applied Philosophy 34 (3):370-388.
    Does undercover police work inevitably wrong its targets? Or are undercover activities justified by a general security benefit? In this article I argue that people can make themselves liable to deception and manipulation. The debate on undercover policing will proceed more fruitfully if the tactic can be conceptualised along those lines, rather than as essentially ‘dirty hands’ activity, in which people are wronged in pursuit of a necessary good, or in instrumentalist terms, according to which the harms of undercover work (...)
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  44. added 2017-02-14
    Do Something Before the Next Attack, But Not This Bruce Ackerman, Before the Next Attack: Preserving Civil Liberties in an Age of Terrorism.D. A. Harris - 2006 - Criminal Justice Ethics 25 (2):46.
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  45. added 2017-02-13
    Racial Profiling and the Meaning of Racial Categories.Deborah Hellman - 2014 - In Andrew I. Cohen & Christopher H. Wellman (eds.), Contemporary Debates in Applied Ethics. Wiley-Blackwell. pp. 22--232.
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  46. added 2017-02-13
    Entrapment, Due Process and the Perils of" Pro-Active" Law Enforcement.Michael Gorr - 1999 - Public Affairs Quarterly 13 (1):1-25.
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  47. added 2017-02-13
    Why Sex is Private: Gays and the Police.Richard D. Mohr - 1987 - Public Affairs Quarterly 1 (2):57-81.
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  48. added 2017-02-13
    Gratuities, Corruption, and the Democratic Ethos of Policing: The Case of the Free Cup of Coffee.Michael Feldberg - 1985 - In Frederick Elliston & Michael Feldberg (eds.), Moral Issues in Police Work. Rowman & Allanheld. pp. 267--276.
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  49. added 2017-02-12
    Profiling, Information Collection and the Value of Rights Argument.Alan Rubel - 2013 - Criminal Justice Ethics 32 (3):1-21.
    In the United States and elsewhere, there is substantial controversy regarding the use of race and ethnicity by police in determining whom to stop, question, and investigate in relation to crime and security issues. In the ethics literature, the debate about profiling largely focuses on the nature of profiling and when (if ever) profiling is morally justifiable. This essay addresses the related, but distinct, issue of whether states have a duty to collect information about the race and ethnicity of persons (...)
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  50. added 2017-02-11
    Deaths in Police Custody: The 'Acceptable'consequences of a 'Law and Order'society?Simon Pemberton - 2005 - Outlines. Critical Practice Studies 7 (2):23-42.
1 — 50 / 208