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Overcriminalization

Overcriminalization PDF Author: Douglas Husak
Publisher: Oxford University Press
ISBN: 9780198043997
Category : Law
Languages : en
Pages : 248

Book Description
The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.

Overcriminalization

Overcriminalization PDF Author: Douglas Husak
Publisher: Oxford University Press
ISBN: 9780198043997
Category : Law
Languages : en
Pages : 248

Book Description
The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.

Over-criminalization of Conduct

Over-criminalization of Conduct PDF Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 168

Book Description


Over-federalization

Over-federalization PDF Author: United States. Congress. House. Committee on the Judiciary. Over-Criminalization Task Force of 2014
Publisher:
ISBN:
Category : Criminal jurisdiction
Languages : en
Pages : 40

Book Description


Crimes, Harms, and Wrongs

Crimes, Harms, and Wrongs PDF Author: A P Simester
Publisher: Bloomsbury Publishing
ISBN: 1847317774
Category : Law
Languages : en
Pages : 258

Book Description
When should we make use of the criminal law? Crimes, Harms, and Wrongs offers a philosophical analysis of the nature and ethical limits of criminalisation. The authors explore the scope of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm, developing guiding principles for these various grounds of state prohibition. Both authors have written extensively in the field. They have produced an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike. 'this elegant, closely argued and convincing book is of great value and can be expected to be of lasting influence.' James Chalmers 'Crimes, Harms, and Wrongs . . . is a welcome addition to this field, and should clarify the reader's thinking on a breathtakingly broad range of issues. . . . This is an important book, and [its] consideration of not only Anglo-American theory and law, but also German legal doctrines and writings on criminalisation, should ensure that this debate reaches new heights in the future.' Findlay Stark 'the result of [the authors'] many decades of thought and writing on this fundamental subject is an integrated, accessible, philosophically sophisticated discussion of this subject.' Justice Gilles Renaud 'A.P. Simester and Andreas von Hirsch present an informed and systematic account of the principles that, in their view, should structure decisions about what to criminalize, and when.' Vincent Chiao 'an outstanding work, original in many respects and meticulous in its arguments. It represents the greatest advance on this subject since Feinberg's four volumes . . . an outstanding contribution to the re-invigorated criminalization debate.' Andrew Ashworth 'important, original, interesting, and often ingenious. Unlike some recent competitive books it has the virtue of making sound arguments. And like everything else the authors have written, it is a joy to read ...This is an absolutely wonderful book.' Douglas Husak

Defining the Problem and Scope of Over-criminalization and Over-federalization

Defining the Problem and Scope of Over-criminalization and Over-federalization PDF Author: United States. Congress. House. Committee on the Judiciary. Over-Criminalization Task Force of 2013
Publisher:
ISBN:
Category : Criminal jurisdiction
Languages : en
Pages : 84

Book Description


Justice, Liability, And Blame

Justice, Liability, And Blame PDF Author: Paul H. Robinson
Publisher: Routledge
ISBN: 0429720688
Category : Law
Languages : en
Pages : 312

Book Description
This book examines shared intuitive notions of justice among laypersons and compares the discovered principles to those instantiated in American criminal codes. It reports eighteen original studies on a wide range of issues that are central to criminal law formulation.

The Federalization of Criminal Law

The Federalization of Criminal Law PDF Author: American Bar Association. Task Force on the Federalization of Criminal Law
Publisher: American Bar Association
ISBN:
Category : Law
Languages : en
Pages : 290

Book Description


The Collapse of American Criminal Justice

The Collapse of American Criminal Justice PDF Author: William J. Stuntz
Publisher: Harvard University Press
ISBN: 0674051750
Category : History
Languages : en
Pages : 425

Book Description
Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.

Criminal Justice Ethics

Criminal Justice Ethics PDF Author: Cyndi Banks
Publisher: SAGE Publications
ISBN: 154435360X
Category : Social Science
Languages : en
Pages : 449

Book Description
Criminal Justice Ethics examines the criminal justice system through an ethical lens by identifying ethical issues in practice and theory, exploring ethical dilemmas, and offering suggestions for resolving ethical issues and dilemmas faced by criminal justice professionals. Bestselling author Cyndi Banks draws readers into a unique discussion of ethical issues by first exploring moral dilemmas faced by professionals in the criminal justice system and then examining the major theoretical foundations of ethics. This distinct and unique organization allows readers to understand real-life ethical issues before grappling with philosophical approaches to the resolution of these issues.

How to Become a Federal Criminal

How to Become a Federal Criminal PDF Author: Mike Chase
Publisher: Simon and Schuster
ISBN: 1982112522
Category : Humor
Languages : en
Pages : 320

Book Description
"A hilarious, entertaining, and illuminating compendium of the most bizarre ways you might become a federal criminal in America--from mailing a mongoose to selling Swiss cheese without enough holes..."--