Results for 'Criminal Justice '

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  1.  3
    Criminal Justice: An Introduction to Philosophies, Theories and Practice.Ian Marsh - 2004 - Routledge. Edited by John Cochrane & Gaynor Melville.
    This new text will encourage students to develop a deeper understanding of the context and the current workings of the criminal justice system. Part One offers a clear, accessible and comprehensive review of the major philosophical aims and sociological theories of punishment, the history of justice and punishment, and the developing perspective of victimology. In Part Two, the focus is on the main areas of the contemporary criminal justice system including the police, the courts and (...)
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  2.  8
    Criminal Justice.Nicola Lacey - 2017 - In Robert E. Goodin, Philip Pettit & Thomas Pogge (eds.), A Companion to Contemporary Political Philosophy. Oxford, UK: Blackwell. pp. 511–520.
    Over the last twenty years there has been an explosion of interest in ‘criminal justice’, generating a wealth of research incorporating law, philosophy, political theory, sociology and other disciplines. The fascination of criminal justice flows from the cultural prominence of criminalization as a form of social control. The news media in Australia, Britain or the United States provide plentiful evidence of the extent to which crime, fear of crime, government criminal justice policy and the (...)
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  3.  19
    Smart criminal justice: exploring the use of algorithms in the Swiss criminal justice system.Monika Simmler, Simone Brunner, Giulia Canova & Kuno Schedler - 2023 - Artificial Intelligence and Law 31 (2):213-237.
    In the digital age, the use of advanced technology is becoming a new paradigm in police work, criminal justice, and the penal system. Algorithms promise to predict delinquent behaviour, identify potentially dangerous persons, and support crime investigation. Algorithm-based applications are often deployed in this context, laying the groundwork for a ‘smart criminal justice’. In this qualitative study based on 32 interviews with criminal justice and police officials, we explore the reasons why and extent to (...)
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  4.  98
    Rejecting Retributivism: Free Will, Punishment, and Criminal Justice.Gregg D. Caruso - 2021 - New York, NY: Cambridge University Press.
    Within the criminal justice system, one of the most prominent justifications for legal punishment is retributivism. The retributive justification of legal punishment maintains that wrongdoers are morally responsible for their actions and deserve to be punished in proportion to their wrongdoing. This book argues against retributivism and develops a viable alternative that is both ethically defensible and practical. Introducing six distinct reasons for rejecting retributivism, Gregg D. Caruso contends that it is unclear that agents possess the kind of (...)
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  5.  60
    Criminal Justice and Artificial Intelligence: How Should we Assess the Performance of Sentencing Algorithms?Jesper Ryberg - 2024 - Philosophy and Technology 37 (1):1-15.
    Artificial intelligence is increasingly permeating many types of high-stake societal decision-making such as the work at the criminal courts. Various types of algorithmic tools have already been introduced into sentencing. This article concerns the use of algorithms designed to deliver sentence recommendations. More precisely, it is considered how one should determine whether one type of sentencing algorithm (e.g., a model based on machine learning) would be ethically preferable to another type of sentencing algorithm (e.g., a model based on old-fashioned (...)
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  6.  8
    The Criminal Justice System Creates Incentives for False Convictions.Roger Koppl & Meghan Sacks - 2013 - Criminal Justice Ethics 32 (2):126-162.
    The American criminal justice system creates incentives for false conviction. For example, many public crime labs are funded in part per conviction. We show that the number of false convictions per year in the American criminal justice system should be considered ?high.? We examine the incentives of police, forensic scientists, prosecutors, and public defenders in the U.S. Police, prosecutors, and forensic scientists often have an incentive to garner convictions with little incentive to convict the right person. (...)
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  7.  38
    International Criminal Justice Between Scylla and Charybdis—the “Peace Versus Justice” Dilemma Analysed Through the Lenses of Judith Shklar’s and Hannah Arendt’s Legal and Political Theories.Christof Royer - 2017 - Human Rights Review 18 (4):395-416.
    The present article discusses the “peace versus justice” dilemma in international criminal justice through the lenses of the respective legal theories of Judith Shklar and Hannah Arendt—two thinkers who have recently been described as theorists of international criminal law. The article claims that in interventions carried out by the International Criminal Court, there is an ever-present potentiality for the “peace versus justice” dilemma to occur. Unfortunately, there is no abstract solution to this problem, insofar (...)
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  8.  13
    Criminal Justice and the Liberal Polity.Jonathan Jacobs - 2011 - Criminal Justice Ethics 30 (2):173-191.
    There are several reasonable conceptions of liberalism. A liberal polity can survive a measure of disagreement over just what constitutes liberalism. In part, this is because of the way a liberal order makes possible a dynamic, heterogeneous civil society and how that, in turn, can supply participants with reasons to support a liberal political order. Despite the different conceptions of justice associated with different conceptions of liberalism, there are reasons to distinguish the normative focus of criminal justice (...)
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  9.  39
    The Criminal Justice System and Health Care.Charles A. Erin & Suzanne Ost (eds.) - 2007 - Oxford University Press.
    This collection examines questions of medical accountability and ethics. It analyses how the criminal justice system regulates health care practice, and to what extent it is appropriate to use it as a tool to resolve ethical conflict in health care.
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  10.  26
    Criminal Justice and Legal Reparations as an Alternative to Punishment 1.Geoffrey Sayre-McCord - 2001 - Philosophical Issues 11 (1):502-529.
  11.  59
    Memory Interventions in the Criminal Justice System: Some Practical Ethical Considerations.Laura Y. Cabrera & Bernice S. Elger - 2016 - Journal of Bioethical Inquiry 13 (1):95-103.
    In recent years, discussion around memory modification interventions has gained attention. However, discussion around the use of memory interventions in the criminal justice system has been mostly absent. In this paper we start by highlighting the importance memory has for human well-being and personal identity, as well as its role within the criminal forensic setting; in particular, for claiming and accepting legal responsibility, for moral learning, and for retribution. We provide examples of memory interventions that are currently (...)
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  12. Restorative justice and criminal justice: The case for parallelism.Derek R. Brookes - 2023 - The Hague: Eleven International Publishing.
    Criminal justice is primarily designed to serve the public interest in relation to criminal acts. Restorative justice is designed to address the harm-related needs of individuals in the aftermath of wrongdoing. These distinct aims require such different processes and priorities that any attempt to integrate restorative justice within the criminal justice system will almost invariably undermine the quality and effectiveness of both. In this book, the author argues that the optimal relationship between the (...)
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  13. Is Criminal Justice Politically Feasible?Philip Pettit - 2002 - Buffalo Criminal Law Review 5 (2):427-450.
  14.  15
    Criminal Justice without Retribution.Erin I. Kelly - 2009 - Journal of Philosophy 106 (8):440-462.
  15.  9
    Ethics in the criminal justice system.Scott Howard Belshaw - 2015 - Dubuque, IA: Kendall Hunt publishing company. Edited by Peter Johnstone.
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  16.  65
    Are ‘Optimistic’ Theories of Criminal Justice Psychologically Feasible? The Probative Case of Civic Republicanism.Victoria McGeer & Friederike Funk - 2017 - Criminal Law and Philosophy 11 (3):523-544.
    ‘Optimistic’ normative theories of criminal justice aim to justify criminal sanction in terms of its reprobative/rehabilitative value rather than its punitive nature as such. But do such theories accord with ordinary intuitions about what constitutes a ‘just’ response to wrongdoing? Recent empirical work on the psychology of punishers suggests that human beings have a ‘brutely retributive’ moral psychology, making them unlikely to endorse normative theories that sacrifice retribution for the sake of reprobation or rehabilitation; it would mean, (...)
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  17.  4
    Criminal justice.J. Roland Pennock & John William Chapman (eds.) - 1985 - New York: New York University Press.
    This, the twenty-seventh volume in the annual series of publications by the American Society for Political and Legal Philosophy, features a number of distinguised contributors addressing the topic of criminal justice. Part I considers "The Moral and Metaphysical Sources of the Criminal Law," with contributions by Michael S. Moore, Lawrence Rosen, and Martin Shapiro. The four chapters in Part II all relate, more or less directly, to the issue of retribution, with papers by Hugo Adam Bedau, Michael (...)
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  18.  7
    Neuroethics and Criminal Justice.Jesper Ryberg & Thomas Søbir Petersen - 2016 - In Kasper Lippert‐Rasmussen, Kimberley Brownlee & David Coady (eds.), A Companion to Applied Philosophy. Chichester, UK: Wiley. pp. 370–382.
    The aim of this chapter is to provide an introduction to a recent example of applied ethics, namely, the discussion of how and when neuroscientific knowledge and technology should be used in the work of the criminal justice system. More precisely, an overview is provided of the ethical challenges that arise from the use of brain imaging and brain interventions in the work of the guilt phase and sentencing phase of the criminal court.
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  19.  44
    Rethinking Criminal Justice.Erin I. Kelly - 2020 - Res Philosophica 97 (2):169-183.
    The punitive, moralizing conception of individual responsibility commonly associated with retributive justice exaggerates the moral meaning of criminal guilt. Criminal guilt does not imply moral desert, nor does it justify moral blame. Mental illness, intellectual disability, addiction, immaturity, poverty, and racial oppression are factors that mitigate our sense of a wrongdoer’s moral desert, though they are mostly not treated by the criminal justice system as relevant to criminal culpability. The retributive theory also distracts from (...)
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  20. 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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  21.  12
    American Criminal Justice Exposed.Christopher Slobogin - 2012 - Criminal Justice Ethics 31 (1):42-52.
    William J. Stuntz, The Collapse of American Criminal Justice, 413 pp. William Stuntz, who recently passed away, was the most influential criminal procedu...
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  22.  6
    Criminal justice and private enterprise.Stanley S. Kleinberg - 1980 - Ethics 90 (2):270-282.
  23.  6
    Neuroscience and Criminal Justice: Introduction.Jesper Ryberg - 2014 - The Journal of Ethics 18 (2):77-80.
    This special issue of The Journal of Ethics is devoted to ethical considerations of the use of neuroscience in the criminal justice system. In this introduction, an overview is provided of the different topics dealt with in the volume.
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  24.  3
    Criminal Justice and the Catholic Church – By Andrew Skotnicki.Ted Grimsrud - 2009 - Modern Theology 25 (2):364-367.
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  25.  49
    Neuroenhancement, the Criminal Justice System, and the Problem of Alienation.Jukka Varelius - 2019 - 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 (...)
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  26.  27
    Criminal Justice and Strict Liability: The Obligation of Society to Punish Only the Guilty.George Schedler & Matthew J. Kelly - 1982 - American Journal of Jurisprudence 27 (1):109-113.
    We argue in this essay that any society that organizes itself to punish criminals should in justice consider itself strictly liable to punish only those who are guilty in fact of the crimes for which they are punished. We argue that justice, not utility, is the basis of the obligation society has not to punish the innocent and that any society that is just would bind itself by statute to compensate the innocents it punishes by mistake. We hope (...)
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  27. The Abolition of Punishment: Is a Non-Punitive Criminal Justice System Ethically Justified?Przemysław Zawadzki - 2024 - Diametros 21 (79):1-9.
    Punishment involves the intentional infliction of harm and suffering. Both of the most prominent families of justifications of punishment – retributivism and consequentialism – face several moral concerns that are hard to overcome. Moreover, the effectiveness of current criminal punishment methods in ensuring society’s safety is seriously undermined by empirical research. Thus, it appears to be a moral imperative for a modern and humane society to seek alternative means of administering justice. The special issue of Diametros “The Abolition (...)
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  28.  40
    Remorse and Criminal Justice.Susan A. Bandes - 2016 - Emotion Review 8 (1):14-19.
    A defendant’s failure to show remorse is one of the most powerful factors in criminal sentencing, including capital sentencing. Yet there is currently no evidence that remorse can be accurately evaluated in a courtroom. Conversely there is evidence that race and other impermissible factors create hurdles to evaluating remorse. There is thus an urgent need for studies about whether and how remorse can be accurately evaluated. Moreover, there is little evidence that remorse is correlated with future law-abiding behavior or (...)
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  29.  11
    The datafication revolution in criminal justice: An empirical exploration of frames portraying data-driven technologies for crime prevention and control.Pamela Ugwudike & Anita Lavorgna - 2021 - Big Data and Society 8 (2).
    The proliferation of big data analytics in criminal justice suggests that there are positive frames and imaginaries legitimising them and depicting them as the panacea for efficient crime control. Criminological and criminal justice scholarship has paid insufficient attention to these frames and their accompanying narratives. To address the gap created by the lack of theoretical and empirical insight in this area, this article draws on a study that systematically reviewed and compared multidisciplinary academic abstracts on the (...)
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  30.  44
    Responsibility problems for criminal justice.Sofia M. I. Jeppsson - 2014 - Frontiers in Psychology 5:93734.
  31.  9
    Dual State: Criminal justice in Venezuela under the criminal law of the enemy. Analysis of a reality that affects human rights.Fernando Fernández - 2018 - Apuntes Filosóficos 27 (52):65-108.
    In this essay we explain some of the problems of the Venezuelan criminal justice sub-system and, in general, the criminal law enforcement. That is to say, that which is expressed in the persecutory actions of the investigating authorities and the criminal courts, after having established in Venezuela a Carl Schmitt concept of Dual State with the purpose of eliminating “bourgeois” democracy and implanting the model of so-called Socialism of the XXI Century. In this sense, it is (...)
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  32.  10
    Mass Deliberative Democracy and Criminal Justice Reform.Seth Mayer - 2021 - Philosophy in the Contemporary World 27 (1):68-102.
    The American criminal justice system falls far short of democratic ideals. In response, democratic communitarian localism proposes a more decentralized system with a greater emphasis on local control. This approach aims to deconcentrate power and remove bureaucracy, arguing local control would reflect informal cultural life better than our current system. This view fails to adequately address localized domination, however, including in the background culture of society. As a result, it underplays the need for transformative, democratizing change. Rejecting communitarian (...)
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  33. 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, (...)
     
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  34.  17
    Accountability in criminal justice.Erin I. Kelly - 2024 - Journal of Social Philosophy 55 (2):317-335.
    Journal of Social Philosophy, EarlyView.
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  35.  16
    Academic dishonesty amongst Australian criminal justice and policing university students: individual and contextual factors.Tara Renae McGee & Li Eriksson - 2015 - International Journal for Educational Integrity 11 (1).
    Over the past few decades, a body of research has developed examining the academic dishonesty of university and college students. While research has explored academic dishonesty amongst American criminal justice and policing students, no research has specifically focused on investigating the dynamics and correlates of academic dishonesty amongst Australian criminology students. This study drew upon data obtained from a survey of 79 undergraduate criminal justice and policing students studying at an Australian university. Overall, the results suggest (...)
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  36.  40
    Investigating the role of artificial intelligence in the US criminal justice system.Ace Vo & Miloslava Plachkinova - 2023 - Journal of Information, Communication and Ethics in Society 21 (4):550-567.
    Purpose The purpose of this study is to examine public perceptions and attitudes toward using artificial intelligence (AI) in the US criminal justice system. Design/methodology/approach The authors took a quantitative approach and administered an online survey using the Amazon Mechanical Turk platform. The instrument was developed by integrating prior literature to create multiple scales for measuring public perceptions and attitudes. Findings The findings suggest that despite the various attempts, there are still significant perceptions of sociodemographic bias in the (...)
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  37. Criminal justice reform in the Austro-Hungarian Empire, Habsburgian Lombardy and Tuscany : Beccaria's policy memoranda in context.Antje du Bois-Pedain - 2022 - In Antje Du Bois-Pedain & Shaḥar Eldar (eds.), Re-reading Beccaria: on the contemporary significance of a penal classic. New York: Hart.
     
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  38. Criminal justice reform in the Austro-Hungarian Empire, Habsburgian Lombardy and Tuscany : Beccaria's policy memoranda in context.Antje du Bois-Pedain - 2022 - In Antje Du Bois-Pedain & Shaḥar Eldar (eds.), Re-reading Beccaria: on the contemporary significance of a penal classic. New York: Hart.
     
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  39.  11
    A theory of criminal justice.Hyman Gross - 1979 - New York: Oxford University Press.
  40.  8
    Criminal Justice and Legal Reparations as an Alternative to Punishment.Geoffrey Sayre-McCord - 2001 - Noûs 35 (s1):502 - 529.
  41.  12
    Criminal Justice in a Democracy: Towards a Relational Conception of Criminal Law and Punishment. [REVIEW]René Foqué - 2008 - Criminal Law and Philosophy 2 (3):207-227.
    This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of (...)
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  42.  12
    Criminal Justice and the Liberal State.Matt Matravers - 2022 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 335-355.
    The chapter concerns the relationship between the justification of criminal law and punishment and the justification of the state. It briefly surveys the debate between retributivists and consequentialists and argues that both are inappropriate when it comes to state punishment. It next turns to arguments by Vincent Chiao, Malcolm Thorburn, and Antony Duff that locate criminal law and punishment in public law. The final parts of the chapter develop an account of criminal law and punishment as best (...)
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  43.  10
    Racial Profiling and Criminal Justice.Jesper Ryberg - 2011 - The Journal of Ethics 15 (1-2):79 - 88.
    According to the main argument in favour of the practice of racial profiling as a low enforcement tactic, the use of race as a targeting factor helps the police to apprehend more criminals. In the following, this argument is challenged. It is argued that, given the assumption that criminals are currently being punished too severely in Western countries, the apprehension of more criminals may not constitute a reason in favour of racial profiling at all.
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  44.  5
    Responsibilities of criminal justice officials.Kimberley Brownlee - 2010 - Journal of Applied Philosophy 27 (2):123-139.
    In recent years, political philosophers have hotly debated whether ordinary citizens have a general pro tanto moral obligation to follow the law. Contemporary philosophers have had less to say about the same question when applied to public officials. In this paper, I consider the latter question in the morally complex context of criminal justice. I argue that criminal justice officials have no general pro tanto moral obligation to adhere to the legal dictates and lawful rules of (...)
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  45.  31
    How Is Criminal Justice Related to the Rest of Justice?Jonathan Jacobs - 2020 - Criminal Justice Ethics 39 (2):111-136.
    Are principles of criminal justice derived from a broader conception of justice, or does criminal justice involve some of its own distinctive principles such that it is not—for example—an aspect of...
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  46. Precis of Rejecting Retributivism: Free Will, Punishment, and Criminal Justice.Gregg D. Caruso - 2022 - Journal of Legal Philosophy 2 (46):120-125.
  47.  27
    Not Just Deserts: A Republican Theory of Criminal Justice.John Braithwaite & Philip Pettit - 1992 - Oxford, GB: Oxford University Press UK.
    A new approach to sentencing Not Just Deserts inaugurates a radical shift in the research agenda of criminology. The authors attack currently fashionable retributivist theories of punishment, arguing that the criminal justice system is so integrated that sentencing policy has to be considered in the system-wide context. They offer a comprehensive theory of criminal justice which draws on a philosophical view of the good and the right, and which points the way to practical intervention in the (...)
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  48.  7
    The Ethical Foundations of Criminal Justice.Richard A. Hall - 1999 - London: CRC Press.
    Ideal for anyone involved in the study of criminal justice, this book acquaints students with the philosophical concepts upon which ethical theory is based. It applies these ideas to specific issues and dilemmas within the criminal justice system. Its ultimate goal is to acquaint students with basic concepts of ethics in criminal justice and to train the mind to solve moral issues independently. The Ethical Foundations of Criminal Justice offers a comprehensive definition (...)
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  49.  15
    Criminal justice and the negotiated plea.Kenneth Kipnis - 1976 - Ethics 86 (2):93-106.
  50.  19
    A FEASIBILITY STUDY OF J.H. CERILLES STATE COLLEGE OFFERING A MASTER OF SCIENCE IN CRIMINAL JUSTICE WITH SPECIALIZATION IN CRIMINOLOGY.Patalinghug Mark & Haidee F. Patalinghug - 2022 - Science International (Lahore) 32 (2):127-130.
    An advanced degree in criminal justice can open doors far outside traditional criminal justice practice, making it a highly in-demand course. This current study aimed to assess the viability of J.H. Cerilles State College to offer a Master of Science in Criminal Justice with Specialization in Criminology (MSCJ) in 2021. A descriptive survey type of research was employed as the methodology for this study. The 215 respondents from students, graduates, and professionals in the field (...)
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