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226 found
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1 — 50 / 226
  1. added 2020-05-16
    Safety and Sacrifice.Ami Harbin - 2017 - Ethics and Social Welfare 11 (2):163-176.
  2. added 2020-05-16
    The Globalization of Ferguson: Pedagogical Matters About Racial Violence.Sylvanna M. Falcón - 2015 - Feminist Studies 41 (1):218.
  3. added 2020-03-17
    The Person of the Torturer: Secret Policemen in Fiction and Nonfiction.Rafe McGregor - 2017 - Journal of Aesthetic Education 51 (4):44-59.
    Early modern conceptions of aesthetic education propose a necessary relation between aesthetic and moral values such that the appreciation of beauty is a necessary condition for the attainment of virtue. Contemporary conceptions retain the causal connection, claiming that the appreciation of literature in particular produces more responsive readers such that the aesthetic merits of novels are moral merits. J. M. Coetzee agrees that there is a relation between the two spheres of value but maintains that the novelist seeking to represent (...)
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  4. added 2020-02-06
    Predictive Policing and the Ethics of Preemption.Daniel Susser - forthcoming - In Ben Jones & Eduardo Mendieta (eds.), The Ethics of Policing: An Interdisciplinary Perspective. New York, NY: NYU Press.
    The American justice system, from police departments to the courts, is increasingly turning to information technology for help identifying potential offenders, determining where, geographically, to allocate enforcement resources, assessing flight risk and the potential for recidivism amongst arrestees, and making other judgments about when, where, and how to manage crime. In particular, there is a focus on machine learning and other data analytics tools, which promise to accurately predict where crime will occur and who will perpetrate it. Activists and academics (...)
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  5. added 2019-12-11
    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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  6. added 2019-11-10
    Enforcing the Sexual Laws: An Agenda for Action.Lucinda Vandervort - 1985 - Resources for Feminist Research 3 (4):44-45.
    Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length in (...)
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  7. added 2019-11-03
    Can Capital Punishment Survive If Black Lives Matter?Michael Cholbi & Alex Madva - forthcoming - In Michael Cholbi, Brandon Hogan, Alex Madva & Benjamin Yost (eds.), The Movement for Black Lives: Philosophical Perspectives. New York:
    Drawing upon empirical studies of racial discrimination dating back to the 1940’s, the Movement for Black Lives platform calls for the abolition of capital punishment. Our purpose here is to defend the Movement’s call for death penalty abolition in terms congruent with its claim that the death penalty in the U.S. is a “racist practice” that “devalues Black lives.” We first sketch the jurisprudential history of race and capital punishment in the U.S., wherein courts have occasionally expressed worries about racial (...)
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  8. added 2019-09-24
    A Values-based methodology in Policing.Jens Erik Paulsen - 2019 - Etikk I Praksis - Nordic Journal of Applied Ethics 1:21-38.
    Professional work is currently based on explicit knowledge and evidence to a greater degree than in the past. Standardising professional services in this way requires repetitive scenarios and might be seen as a challenge to professional autonomy. In the context of policing, officers perform a range of familiar tasks, but they may also encounter novel challenges at any moment. Moreover, police tasks are not well-defined. Therefore, many missions require police officers to rely on common sense, tacit knowledge or gut feeling. (...)
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  9. added 2019-09-24
    Policing and Punishment for Profit.Chris Surprenant - 2019 - Journal of Business Ethics 159 (1):119-131.
    This paper examines ethical considerations relating to the current role of financial incentives in policing and punishment in the USA, focusing on the two methods of punishment most popular in the USA: fines and forfeitures and incarceration. It examines how financial incentives motivate much of our penal system, including how and when laws are enforced; discusses relevant ethical considerations and concerns connected with our current practices; proposes a theoretical solution for addressing these problems that involves realigning existing incentives to better (...)
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  10. added 2019-09-24
    What is Wrong About Robocops as Consultants? A Technology-Centric Critique of Predictive Policing.Martin Degeling & Bettina Berendt - 2018 - AI and Society 33 (3):347-356.
    Fighting crime has historically been a field that drives technological innovation, and it can serve as an example of different governance styles in societies. Predictive policing is one of the recent innovations that covers technical trends such as machine learning, preventive crime fighting strategies, and actual policing in cities. However, it seems that a combination of exaggerated hopes produced by technology evangelists, media hype, and ignorance of the actual problems of the technology may have boosted sales of software that supports (...)
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  11. added 2019-09-24
    The Ethics of Policing and Imprisonment.Molly Gardner & Michael Weber (eds.) - 2018 - Springer Verlag.
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  12. added 2019-09-24
    The Criminal Is Political: Policing Politics in Real Existing Liberalism.Koshka Duff - 2017 - Journal of the American Philosophical Association 3 (4):485-502.
    The familiar irony of ‘real existing socialism’ is that it never was. Socialist ideals were used to legitimize regimes that fell far short of realizing those ideals – indeed, that violently repressed anyone who tried to realize them. This paper suggests that the derogatory concept of ‘the criminal’ may be allowing liberal ideals to operate in contemporary political philosophy and real politics in a worryingly similar manner. By depoliticizing deep dissent from the prevailing order of property, this concept can obscure (...)
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  13. added 2019-09-24
    Law and (Global) Order: Towards a Theory of Cosmopolitan Policing.William Smith - 2016 - Critical Horizons 17 (1):135-148.
    Cosmopolitans call for the creation of a global legal order based around the principle of universal human rights. It is, therefore, somewhat surprising that cosmopolitans have not adequately addressed the issue of how such a global order would be policed. The emergence of stable legal systems has generally coincided with the development of formal and informal methods of policing that function to enforce legal entitlements and maintain societal order. This suggests that the issue of policing should be addressed if cosmopolitanism (...)
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  14. added 2019-09-24
    Governance and Virtue: The Case of Public Order Policing.Kevin Morrell & Stephen Brammer - 2016 - Journal of Business Ethics 136 (2):385-398.
    For Aristotle, virtues are neither transcendent nor universal, but socially interdependent; they need to be understood chronologically and with respect to character and context. This paper uses an Aristotelian lens to analyse an especially interesting context in which to study virtue—the state’s response when social order breaks down. During such periods, questions relating to right action by citizens, the state, and state agents are pronounced. To study this, we analyse data from interviews, observation, and documents gathered during a 3-year study (...)
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  15. added 2019-09-24
    In Search of Civic Policing: Recasting the ‘Peelian’ Principles.Ian Loader - 2016 - Criminal Law and Philosophy 10 (3):427-440.
    For over a century the so-called ‘Peelian’ principles have been central to the self-understanding of Anglo-American policing. But these principles are the product of modern state-building and speak only partially to the challenges of urban policing today. In fact, they stand in the way of clear thinking and better practice. In this paper, I argue that these principles ought to be radically recast and put to work in new ways. The argument proceeds as follows. First, I recover and outline the (...)
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  16. added 2019-09-24
    Policing, Profiling and Discrimination Law: US and European Approaches Compared.Aaron Baker & Gavin Phillipson - 2011 - Journal of Global Ethics 7 (1):105 - 124.
    Counter-terrorism officials in the USA and the UK responded to the events of 11 September 2001 and 7 July 2005 with an increasing resort to the use of ?intelligence-led policing? methods such as racial and religious profiling. Reliance on intelligence, to the effect that most people who commit a certain crime have a certain ethnicity, can lead to less favourable treatment of an individual with that ethnicity because of his membership in that group, not because of any act he is (...)
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  17. added 2019-09-24
    Private Policing and Human Rights.David A. Sklansky - 2011 - Law and Ethics of Human Rights 5 (1):113-136.
    Very little of the expanding debate over private policing has employed the language of human rights. This is notable not just because private policing is a distinctly global phenomenon, and human rights have become, as Michael Ignatieff puts it, “the lingua franca of global moral thought.” It is notable as well because a parallel development that seems in many ways related to the spread of private policing—the escalating importance of private military companies—has been debated as a matter of human rights. (...)
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  18. added 2019-09-24
    Review of John Kleinig, The Ethics of Policing. [REVIEW]Michael Clark - 2000 - Mind 109.
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  19. added 2019-08-07
    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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  20. added 2019-06-06
    The New Police Science: The Police Power in Domestic and International Governance. Edited by Markus D. Dubber and Mariana Valverde.Alexander Gourevitch - 2008 - Constellations 15 (4):590-592.
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  21. added 2019-06-06
    The Blue Wall of Silence: An Ethical Analysis.John Kleinig - 2001 - International Journal of Applied Philosophy 15 (1):1-23.
    The “blue wall of silence” -- the rule that police officers will not testify against each other -- has its roots in an important associational virtue, loyalty, which, in the context of friendship and familial relations, is of central importance. This article seeks to distinguish the worthy roots of the “blue wall” from its frequent corruption in the covering up of serious criminality, and attempts to offer criteria for determining when to testify and when to respond in other ways to (...)
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  22. added 2019-06-05
    The War on Cops: How the New Attack on Law and Order Makes Everyone Less Safe Heather Mac Donald, 2016 New York: Encounter Books 248 Pp., $23.99. [REVIEW]Rafe McGregor - 2018 - Journal of Applied Philosophy 35 (3):634-636.
  23. added 2019-05-02
    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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  24. added 2019-02-19
    Ice Cube and the Philosophical Foundations of Community Policing.Luke William Hunt - 2019 - Oxford University Press Blog.
    Essay on police legitimacy through public reason and community policing.
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  25. added 2019-02-12
    On Enforcing Unjust Laws in a Just Society.Jake Monaghan - 2018 - Philosophical Quarterly 68 (273):758-778.
    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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  26. 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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  27. 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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  28. 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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  29. added 2018-09-26
    Implicit Attitudes and the Ability Argument.Wesley Buckwalter - 2019 - Philosophical Studies 176 (11):2961-2990.
    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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  30. 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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  31. added 2018-07-29
    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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  32. added 2018-07-17
    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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  33. 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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  34. 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.
    The killings of Trayvon Martin, Michael Brown, Eric Garner, Tamir Rice, Alton Sterling, Philando Castile, and others have instigated widespread debate concerning the ethics and politics of police behavior toward young black men in America. In this article, I show how Josiah Royce’s philosophy of loyalty provides a useful theoretical framework for diagnosing and working to overcome strained relations between police and black citizens in the United States. I begin by establishing the relevance of Royce’s thought to the realm of (...)
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  35. 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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  36. added 2018-02-16
    Police Loyalties.John Kleinig - 1996 - Professional Ethics, a Multidisciplinary Journal 5 (1):29-42.
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  37. 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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  38. 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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  39. 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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  40. 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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  41. 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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  42. 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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  43. 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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  44. 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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  45. 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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  46. 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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  47. 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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  48. 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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  49. 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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  50. added 2017-03-28
    Comments on Risse and Lever.Michael Levin - 2007 - Criminal Justice Ethics 26 (1):29-35.
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1 — 50 / 226