Criminal Justice Ethics

ISSN: 0731-129X

11 found

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  1.  8
    A Proposal to Criminalize State Torture in the United States.Kaila Draper - 2023 - Criminal Justice Ethics 42 (2):133-157.
    As a party to the United Nations Convention Against Torture, the United States is under an obligation to criminalize all state torture. The aim of this article is to show that the United States has failed to fulfill that obligation and should correct that failure by broadening the respective definitions of “torture” in two federal criminal statutes, the War Crimes Act and the Torture Act. The broader definition that is proposed is formulated with an eye to minimizing ambiguity and vagueness, (...)
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  2.  7
    The Agency Objection to Preventive Exclusion from Public Spaces.Sebastian Jon Holmen - 2023 - Criminal Justice Ethics 42 (2):178-192.
    One way to seek to reduce the risk of potential offenders engaging in certain types of crime in a public or semi-public area is to make it much more difficult, or even impossible, for them to gain access to the area in question and subject them to a sanction if they do enter the area. This paper considers whether preventive exclusion of this kind should be considered a pro tanto morally impermissible means of crime prevention because it violates the agency (...)
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  3.  7
    Criminal Behavior and Mental Health Problems among Adolescents: A Cross-sectional Study and Description of Prevention Policy in Sweden.Håkan Källmen, Magnus Israelsson, Peter Wennberg & Anne H. Berman - 2023 - Criminal Justice Ethics 42 (2):158-177.
    The present study investigates the association between mental health problems and criminal behavior among adolescents in Sweden. Community crime prevention in a Swedish context is also discussed. Every two years, pupils from schools in Stockholm answer the Stockholm School Survey with questions and statements about their social situation, alcohol and drug use, attitudes, school climate, school grades and criminal behavior. Data collected from pupils who answered the survey in 2014, 2018 and 2020 form the basis of this study. A significant (...)
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  4.  10
    Actions, Agents, and Consequences.Re’em Segev - 2023 - Criminal Justice Ethics 42 (2):99-132.
    According to an appealing and common view, the moral status of an action – whether it is wrong, for example – is sometimes important in itself in terms of the moral status of other actions – especially those that respond to the original action. This view is especially influential with respect to the criminal law. It is accepted not only by legal moralists but also by adherents of the harm principle, for example. In this paper, I argue against this view. (...)
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  5.  16
    What Does It Mean to End Mass Incarceration, and How Would We Know If We Did?Vincent Chiao - 2023 - Criminal Justice Ethics 42 (1):86-98.
    Katherine Beckett’s new book, Ending Mass Incarceration (EMI), is ambitious and wide-ranging. Beckett tackles one of the most urgent human rights problems of the last fifty years, namely the massiv...
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  6.  8
    Drug Wars, Drug Violence, and Drug Addiction in the Americas.David T. Courtwright - 2023 - Criminal Justice Ethics 42 (1):64-75.
    “I think if you were Satan and you were settin around tryin to think up somethin that would just bring the human race to its knees what you would probably come up with is narcotics,” observes Sheri...
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  7.  12
    Vigilantism and Trust in the System.Travis Dumsday - 2023 - Criminal Justice Ethics 42 (1):76-85.
    Despite widespread and longstanding public interest in the topic, the body of literature on the ethics of vigilantism remains modest in size. Most scholarly work on vigilantism continues to be done...
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  8.  3
    Punishment and Public Reason: Reply to Hoskins.Chad Flanders - 2023 - Criminal Justice Ethics 42 (1):38-51.
    In his paper “Public Reason and the Justification of Punishment,” Zachary Hoskins develops and defends an idea of “public reason” that might be applicable to debates over punishment in the Western world. This short reply takes issue with some of Hoskins’ conclusions (while agreeing with many of his premises), and suggests that contra Hoskins, many versions of retribution are not compatible with the ideal of public reason as Rawls articulated it. Instead, debates over criminal justice and punishment should properly revolve (...)
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  9. Applying the Imminence Requirement to Police.Ben Jones - 2023 - Criminal Justice Ethics 42 (1):52-63.
    In many jurisdictions in the United States and elsewhere, the law governing deadly force by police and civilians contains a notable asymmetry. Often civilians but not police are bound by the imminence requirement—that is, a necessary condition for justifying deadly force is reasonable belief that oneself or another innocent person faces imminent threat of grave harm. In U.S. law enforcement, however, there has been some shift toward the imminence requirement, most evident in the use-of-force policy adopted by the Department of (...)
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  10.  3
    Exprisonment: Deprivation of Liberty on the Street and at Home.Hadassa Noorda - 2023 - Criminal Justice Ethics 42 (1):1-19.
    Scholars have addressed restrictions on individual liberty, or deprivations thereof, that do not entail prison or jail—including area restrictions, revoking driver’s licenses, and GPS bracelets. In all legal domains, the effects of these measures on the lives of targeted individuals can be significant, primarily with respect to their capability to guide their own behavior. Some are applied categorically rather than individually, do not involve a fair trial or hearing, or are applied preventively or after the targeted individual has completed a (...)
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  11.  2
    Retributivism, State Misconduct, and the Criminal Process.Adiel Zimran & Netanel Dagan - 2023 - Criminal Justice Ethics 42 (1):20-37.
    State agents’ misconduct (SAM), such as the violations carried out by the police or prosecution, may harm an offender’s rights during the criminal process in various ways. What, if anything, can retributivism, as an offense-focused theory that looks to the past, offer in response to SAM? The goal of this essay is to advance a retribution-based framework for responding to SAM within the criminal process. Two retribution-based arguments are provided. First, a retribution-based response to SAM aims to protect the legitimacy (...)
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