Results for 'Criminal justice, Administration of'

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  1. From Social Justice to Criminal Justice: Poverty and the Administration of Criminal Law.William C. Heffernan & John Kleinig (eds.) - 2000 - Oxford University Press USA.
    The economically deprived come into contact with the criminal court system in disproportionate number. This collection of original, interactive essays, written from a variety of ideological perspectives, explores some of the more troubling questions and ethical dilemmas inherent in this situation. The contributors, including well-known legal and political philosophers Philip Pettit, George Fletcher, and Jeremy Waldron, examine issues such as heightened vulnerability, indigent representation, and rotten social background defenses.
     
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  2.  13
    Punishment, Danger and Stigma; The Morality of Criminal Justice.Nigel Walker - 1983 - Law and Philosophy 2 (1):119-122.
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  3.  43
    Criminal Justice: An Introduction to Philosophies, Theories and Practice.Ian Marsh - 2004 - Routledge.
    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 judiciary, prisons, and (...)
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  4. Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in Edmondson, Kindrat and Brown.Lucinda Vandervort - 2012 - In Elizabeth Sheehy (ed.), SEXUAL ASSAULT IN CANADA: LAW, LEGAL PRACTICE & WOMEN'S ACTIVISM,. Ottawa: University of Ottawa Press. pp. 111-150.
    In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of (...)
     
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  5. Access to Justice and the Public Interest in the Administration of Justice.Lucinda Vandervort - 2012 - University of New Brunswick Law Journal 63:124-144.
    The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific (...)
     
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  6.  79
    Criminal Punishment and Restorative Justice: Past, Present, and Future Perspectives.David J. Cornwell - 2006 - North American Distributor, International Specialised Book Services.
    Provides an international perspective as to the potential of restorative justice to * Deliver better ways of dealing with offenders and victims * Reduce the use ...
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  7.  5
    Administration of Justice and Multimodality in Media: Semiotic Translation, Conflict and Compatibility. [REVIEW] Le Cheng - 2011 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 24 (4):491-502.
    Law as one sign system can be recorded and interpreted by another sign system—media. If each transaction in court is taken as a sign, it can be interpreted or transferred by different signs of media for the same purpose, though with different effects. This study focuses on the transformative effects of the semiotic revolution in media on law. The present research revealed that the evolution of media has driven the administration of justice to pay more attention to the process (...)
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  8.  21
    Victor's Justice: The Next Best Moral Theory of Criminal Punishment? [REVIEW]François Tanguay-Renaud - 2013 - Law and Philosophy 32 (1):129-157.
    In this essay, I address one methodological aspect of Victor Tadros's The Ends of Harm-­-­namely, the moral character of the theory of criminal punishment it defends. First, I offer a brief reconstruction of this dimension of the argument, highlighting some of its distinctive strengths while drawing attention to particular inconsistencies. I then argue that Tadros ought to refrain from developing this approach in terms of an overly narrow understanding of the morality of harming as fully unified and reconciled under (...)
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  9. Punishment Vs. Reconciliation: Retributive Justice and Social Justice in the Light of Social Ethics.Patrick Kerans - 1982 - Queen's Theological College.
  10.  48
    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 their offices. (...)
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  11.  68
    Punishment, Responsibility, and Justice: A Relational Critique.Alan W. Norrie - 2000 - Oxford University Press.
    This book addresses the retributive and "orthodox subjectivist" theories that dominate criminal justice theory alongside recent "revisionist" and "postmodern" approaches. Norrie argues that all these approaches, together with their faults and contradictions, stem from their orientation to themes in Kantian moral philosophy. He explores an alternative relational or dialectical approach; examines the work of Ashworth, Duff, Fletcher, Moore, Smith, and Williams; and considers key doctrinal issues.
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  12.  50
    Local Uses of International Criminal Justice in Bosnia-Herzegovina: Transcending Divisions or Building Parallel Worlds?Dejan Guzina & Branka Marijan - 2013 - Studies in Social Justice 7 (2):245-263.
    Transitionaljustice mechanisms and the International Criminal Tribunal for the FormerYugoslavia (ICTY) have had only a limited success in overcoming ethnic divisionsin Bosnia-Herzegovina. Rather than elaborating upon the role of local politicalelites in perpetuating ethnic divisions, we examine ordinary peoples’ popularperceptions of war and its aftermath. In our view, the idea that elites havecomplete control over the broader narratives about the past is misplaced. Weargue that transitional justice and peace mechanisms supported by externalactors are always interpreted on the ground in (...)
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  13.  30
    Assuming That the Defendant Is Not Guilty: The Presumption of Innocence in the German System of Criminal Justice.Thomas Weigend - 2014 - Criminal Law and Philosophy 8 (2):285-299.
    The presumption of innocence is not a presumption but an assumption or legal fiction. It requires agents of the state to treat a suspect or defendant in the criminal process as if he were in fact innocent. The presumption of innocence has a limited field of application. It applies only to agents of the state, and only during the criminal process. The presumption of innocence as such does not determine the amount of evidence necessary to find a defendant (...)
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  14.  50
    Reducing the Harmful Effects of Alcohol Misuse: The Ethics of Sobriety Testing in Criminal Justice.D. Shaw, K. McCluskey, W. Linden & C. Goodall - 2012 - Journal of Medical Ethics 38 (11):669-671.
    Alcohol use and abuse play a major role in both crime and negative health outcomes in Scotland. This paper provides a description and ethical and legal analyses of a novel remote alcohol monitoring scheme for offenders which seeks to reduce alcohol-related harm to both the criminal and the public. It emerges that the prospective benefits of this scheme to health and public order vastly outweigh any potential harms.
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  15.  12
    Review Essay / Dominion as the Target of Criminal Justice.C. L. ten - 1991 - Criminal Justice Ethics 10 (2):40-46.
    John Braithwaite and Philip Pettit, Not Just Deserts: A Republican Theory of Criminal Justice, Oxford Clarendon Press, 1990, vii + 229 pp.
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  16. Punishment, Communication and Community.Antony Duff - 2003 - In Derek Matravers & Jonathan E. Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. Routledge, in Association with the Open University.
    The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try (...)
     
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  17.  11
    Review Essay / A Theory of Criminal Justice.Barbara Baum Levenbook - 1982 - Criminal Justice Ethics 1 (2):60-64.
    Hyman Gross, A Theory of Criminal Justice New York: Oxford University Press, 1979, xviii + 521 pp.
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  18. Mistake of Law and Obstruction of Justice: A 'Bad Excuse' ... Even for a Lawyer!Lucinda Vandervort - 2001 - University of New Brunswick Law Journal 50: 171-186.
    In Regina v. Murray, (2000, Ont S.Ct.J.) the learned trial judge, Justice Gravely, errs in his interpretation and application of the law of mens rea in the offense of willfully attempting to obstruct justice under section 139(2) of the Criminal Code of Canada. In view of his findings of fact and law, including the determination that the accused knowingly and intentionally committed the actus reus of the offense and the absence of any suggestion that he lacked awareness of any (...)
     
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  19.  27
    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 the (...)
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  20.  12
    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, for (...)
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  21.  4
    The Legal Person in the Criminal Justice of Lituania.Jonas Prapiestis & Agnė Baranskaitė - 2012 - Jurisprudence 19 (1):293-314.
    The article deals with the entrenchment of the institute of criminal liability of a legal person in the Lithuanian criminal law. Upon approval of the Criminal Code of the Republic of Lithuania (hereinafter also referred to as the CC) on 26 September 2000, the criminal liability of a legal person was provided almost in every fifth (at present—in every second) article of the Special Part of the CC. Although criminal liability has been increasingly applied to (...)
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  22. Why Retributivism Needs Consequentialism: The Rightful Place of Revenge in the Criminal Justice System.Ken Levy - 2014 - Rutgers Law Review 66:629-684.
    Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he (...)
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  23.  2
    Battered Women's Experiences of the Criminal Justice System: Decentring the Law.Heather Douglas - 2012 - Feminist Legal Studies 20 (2):121-134.
    This article takes up Smart’s suggestion to examine the way the law works in practice. It explores the context of current criminal prosecutions of domestic violence offences in Queensland, Australia. This article argues that legal method is applied outside the higher courts or “judge-oriented” practice and that the obstacles inherent to legal method can be identified in the practices of police, lower court staff, magistrates and lawyers. This article suggests that it may be difficult to deconstruct legal method, even (...)
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  24.  22
    Not Just Deserts: A Republican Theory of Criminal Justice.Nicola Lacey, John Braithwaite & Philip Pettit - 1991 - Philosophical Quarterly 41 (164):374.
    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 real world (...)
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  25.  17
    The Impact of DNA Exonerations on the Criminal Justice System.Margaret A. Berger - 2006 - Journal of Law, Medicine & Ethics 34 (2):320-327.
    One obvious result of DNA exonerations has been the enactment of legislation regulating postconviction DNA testing. But the impact on our criminal justice system goes beyond formal statutory change. The DNA exonerations are changing attitudes towards the death penalty, are focusing attention on how forensic laboratories operate, and are leading to the stricter scrutiny of forensic science.
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  26.  7
    Diversity, Law and Justice: A Deleuzian Semiotic View of 'Criminal Justice'. [REVIEW]Dragan Milovanovic - 2007 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 20 (1):55-79.
    This article takes a Deleuzian view toward diversity, law and justice. It makes use of the insights developed in his two books on cinema comparing an “organic regime” to a “crystalline regime.” The former will be seen as the image of thought and regime of signs of traditional criminal justice practices (due process model, crime control model, family model, actuarial justice, restorative justice); the latter, the basis of a transformative justice (social justice) and the regime of signs that are (...)
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  27.  6
    Explorations Into the Sociology of Criminal Justice and Punishment Leaving the Modernist Project Behind.Susanne Karstedt - 2007 - History of the Human Sciences 20 (2):51-70.
    Law has been a close partner to sociology from its very beginning, and the partnership often has proven to be extremely prolific for sociology. Grand theories as well as vital conceptual tools can be counted among its offspring. Both disciplines share the common ground of socio-legal studies, which has developed into a nearly independent interdisciplinary enterprise where legal scholars and sociologists happily meander between the normative and the analytical. From the vast array of topics in the field of socio-legal studies (...)
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  28. Negotiated Measures - the Institutional Micropolitics of Official Criminal Justice Statistics.D. K. - 2001 - Studies in History and Philosophy of Science Part A 32 (4):705-722.
    This paper examines some of the background social and institutional practices involved in the production of official statistics about crime and criminal justice. It documents how a host of micropolitical considerations impinge on what studies are conducted, which agencies control official data, and how measures are standardized. The communication of statistical facts is also shown to be influenced by a concern to prospectively manage the political symbolism of popular accounts about crime and criminal justice statistics.
     
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  29.  14
    Good Night and Good Luck - In Search of a Neuroscience Challenge to Criminal Justice.Frej Klem Thomsen - 2017 - Utilitas.
    This article clarifies what a neuroscience challenge to criminal justice must look like by sketching the basic structure of the argument, gradually filling out the details and illustrating the conditions that must be met for the challenge to work. In the process of doing so it explores influential work by Joshua Greene and Jonathan Cohen, and Stephen Morse respectively, arguing that the former should not be understood to present a version of the challenge, and that the latter's argument against (...)
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  30.  9
    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 to have (...)
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  31.  74
    The Elementary Epistemic Arithmetic of Criminal Justice.Larry Laudan - 2008 - Episteme 5 (3):pp. 282-294.
    This paper propounds the following theses: 1). that the traditional focus on the Blackstone ratio of errors as a device for setting the criminal standard of proof is ill-conceived, 2). that the preoccupation with the rate of false convictions in criminal trials is myopic, and 3). that the key ratio of interest, in judging the political morality of a system of criminal justice, involves the relation between the risk that an innocent person runs of being falsely convicted (...)
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  32.  21
    End of Life Decision Making, Policy and the Criminal Justice System: Untrained Carers Assuming Responsibility (UCARes) and Their Uncertain Legal Liabilities.Robin Mackenzie & H. Biggs - 2006 - Genomics, Society and Policy 2 (1):118-128.
    This article will explore some previously unrecognised legal and ethical issues associated with informal care-giving and criminal justice in the context of end of life decision-making. It was prompted by a recent case in Leeds Crown Court, which raises important issues for the people who care for their loved ones at home and for the criminal justice system more generally. Government figures estimate that over 5.2 million Britons are responsible for the care of relatives or loved ones. In (...)
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  33.  17
    The True Ramifications of Genetic Criminality Research for Free Will in the Criminal Justice System.Ozan Onay - 2006 - Genomics, Society and Policy 2 (1):80-91.
    There is an explicit belief – evident in jurisprudential literature – that developments in behavioural genetics in the very near future will necessitate a dramatic revolution in common law criminal justice systems. This paper considers what is truly shown by behavioural genetics in relation to free will, and the effect of such conclusions on criminal justice systems which rely upon the concept of free will as a foundation element. This paper ultimately concludes that it is unlikely that (...) justice systems will be shaken – or indeed substantially influenced – by past or future discoveries in genetics. Three major arguments are employed: that theses connecting genetic traits with criminal free will exhibit a naïve conception of partial genetic determinism; that theses connecting genetic traits with criminal free will have been unduly motivated by discoveries in behavioural genetics which are disreputable or misleading; and that even should an unexpected discovery be made exhibiting a strong causal connection between genetics and criminal behaviour, this will not prove to be an intolerable novelty for any criminal justice system which otherwise assumes free will to exist. (shrink)
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  34.  1
    Restitutionism: A Self-Defeating Theory of Criminal Justice.Jesper Ryberg - 2012 - Social Theory and Practice 38 (2):279-301.
    According to the restitutionist view on justice, criminals should compensate their victims for the losses they have suffered as the result of crime. The discussion amongst proponents and critics of restitutionism has, to a large extent, focused on the question as to whether the theory is capable of dealing with many of the complicated challenges that arise within a criminal justice system. However, in this paper it is suggested that the restitutionist theory of justice should be rejected from the (...)
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  35. The Habits of Legality: Criminal Justice and the Rule of the Law.Francis A. Allen - 1996 - Oxford University Press USA.
    In this broad consideration of American criminal justice today, Allen suggests that the way to a more effective penal policy can be found in a closer adherence to the law rather than in the current tendency to bypass certain laws in the name of the "war on crime".
     
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  36. Not Just Deserts: A Republican Theory of Criminal Justice.John Braithwaite & Philip Pettit - 1992 - 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 real world (...)
     
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  37. The Routledge Handbook of Criminal Justice Ethics.Jonathan Jacobs & Jonathan Jackson (eds.) - 2016 - Routledge.
    The enormous financial cost of criminal justice has motivated increased scrutiny and recognition of the need for constructive change, but what of the ethical costs of current practices and policies? Moreover, if we seriously value the principles of liberal democracy then there is no question that the ethics of criminal justice are everybody’s business, concerns for the entire society. _The Routledge Handbook of Criminal Justice Ethics_ brings together international scholars to explore the most significant ethical issues throughout (...)
     
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  38.  15
    Justice Denied: The Criminal Law and the Ouster of the Courts.James Edwards - 2010 - Oxford Journal of Legal Studies 30 (4):725-748.
    The character of contemporary criminal law is changing. This article examines one aspect of that change: a type of criminal offence which, it is argued, effectively ousts the criminal courts. These ‘ouster offences’ are first distinguished from more conventional offences by virtue of their distinctive structure. The article then argues that to create an ouster offence is to oust the criminal courts by depriving them of the ability to adjudicate on whatever wrongdoing the offence-creator takes to (...)
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  39.  7
    Constructing Miscarriages of Justice: Misunderstanding Scientific Evidence in High Profile Criminal Appeals.Gary Edmond - 2002 - Oxford Journal of Legal Studies 22 (1):53-89.
    In recent decades a number of criminal convictions have been reversed on appeal, partially on the basis of problems associated with the use of scientific evidence adduced by the prosecution during the trial. These miscarriage of justice cases have received considerable attention from news media, legal commentators, criminologists and in formal public inquiries. Most responses to these cases have been critical of the scientific evidence originally relied upon at trial. Few commentators have been critical of, or even reflective about, (...)
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  40.  1
    International Criminal Trials and the Circumstances of Justice.Murphy Colleen - forthcoming - Criminal Law and Philosophy:1-11.
    Transitional justice is broadly understood to refer to formal efforts to deal with past wrongs in the midst of a transition from an extended period of conflict or repression to democracy. In this paper, I consider the role of international criminal trials in transitional justice. I argue that such trials may contribute to transitional justice, but such contributions are conditional on two main factors. The first factor is time. The second factor is what other transitional justice responses are adopted (...)
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  41.  28
    The Philosophical Foundations of Extraterritorial Punishment.Alejandro Chehtman - 2010 - Oxford University Press.
    This book provides the first full account, explanation, and critique of extraterritorial punishment in international law.
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  42.  29
    Space, Time and Function: Intersecting Principles of Responsibility Across the Terrain of Criminal Justice. [REVIEW]Nicola Lacey - 2007 - Criminal Law and Philosophy 1 (3):233-250.
    This paper considers the interpretive significance of the intersecting relationships between different conceptions of responsibility as they shift over space and time. The paper falls into two main sections. The first gives an account of several conceptions of responsibility: two conceptions founded in ideas of capacity; two founded in ideas of character, and one founded in the relationship between an agent and the outcome which she causes. The second main section uses this differentiated conceptual account to analyse and interpret certain (...)
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  43.  6
    Criminal Policy Transition.Penny Green & Andrew Rutherford (eds.) - 2000 - Hart.
    In this sense the collection offers a model of how international collaborative work should proceed. The book is the product of a workshop held at the International Institute for the Sociology of Law (IISL) in Onati, Spain.
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  44.  10
    Idealizing the Other? Western Images of the Japanese Criminal Justice System.Benjamin Goold - 2004 - Criminal Justice Ethics 23 (2):14-24.
    psychological terms, the [Japanese] system relies on positive rather than negative reinforcement, emphasizing loving acceptance in exchange for genuine repentance. An analogue of what the Japanese policeman wants the offender to feel is the tearful relief of a child when confession of wrongdoing to his parents results in a gentle laugh and a warm hug. In relation to American policemen, Japanese officers want to be known for the warmth of their care rather than the strictness of their enforcement.1 Much of (...)
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  45.  25
    Of Crimes and Punishments.Cesare Beccaria - 1996
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  46.  42
    The Marxian Critique of Criminal Justice.Jeffrey Reiman - 1987 - Criminal Justice Ethics 6 (1):30-50.
  47.  9
    Marxist Ideology, Communist Reality, and the Concept of Criminal Justice.Eugene Kamenka & Alice Erh‐Soon Tay - 1987 - Criminal Justice Ethics 6 (1):3-29.
  48.  3
    >The Role of Subjectivity in Criminal Justice Classification and Prediction Methods.Richard A. Berk - 1988 - Criminal Justice Ethics 7 (1):35-47.
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  49.  8
    The Penal Crisis and the Clapham Omnibus: Questions and Answers in Restorative Justice.David J. Cornwell - 2009 - North American Distributor, International Specialised Book Services.
    Designed for a wide readership, this book looks at the proble.
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  50. Commentary: Tales of a Criminal Justice Reformer.Marc Mauer - 1996 - Criminal Justice Ethics 15 (1):2-87.
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