Criminal Justice Ethics

There is increasing pressure on the humanities to justify their value and on criminology to undertake interdisciplinary research. In this book, Rafe McGregor establishes a new interdisciplinary methodology, ‘criminological criticism’, harnessing the synergy between literary studies and critical criminology to produce genuine interventions in social reality. -/- McGregor practices criminological criticism on George Miller’s ‘Mad Max: Fury Road’, Prime Video’s ‘Carnival Row’ and J.K. Rowling’s ‘The Cuckoo’s Calling’, demonstrating how these popular allegories provide insights into the harms of sexism, racism (...) and class prejudice. -/- This book proposes a model for collaboration between literary studies and critical criminology that is beneficial to the humanities, the social sciences and society. (shrink)

Criminology has been reluctant to embrace fictional narratives as a tool for understanding, explaining and reducing crime and social harm. -/- In this philosophical enquiry, McGregor uses examples from films, television, novels and graphic novels to demonstrate the extensive criminological potential of fiction around the world. Building on previous studies of non-fiction narratives, the book is the first to explore the ways criminological fiction provides knowledge of the causes of crime and social harm. -/- For academics, practitioners and students, this (...) is an engaging and thought-provoking critical analysis that establishes a bold new theory of criminological fiction. (shrink)

Timpul trece atât de repede când urmărești convulsiile politice ale ţărilor de la marginea Uniunii Europene. Această carte a apărut într-un moment în care conflictul dintre președintele Klaus Iohannis și Partidul Social Democrat (PSD) încă mai angaja emoţii puternice. Mulţi cetăţeni vedeau în președinte și în partidul patronat de acesta, Partidul Naţional Liberal (PNL), zenitul luptei împotriva corupţiei, iar în PSD întruchiparea corupţiei. În 2017, marile proteste în sprijinul legislaţiei penale și instituţiilor poliţienești, beneficiind de încurajarea directă a președintelui, au (...) devenit imaginea revoltei publice faţă de corupţia elitei politice naţionale, personalizată de liderii PSD în imaginarul colectiv al momentului. Intensitatea polarizării politice era atât de mare încât un compromis între președintele justiţiar și partidul „penalilor” nu putea fi măcar imaginat. Îmi amintesc manifestaţiile electorale de la Iași din cursul anului 2019, când primarul PSD al urbei, Mihai Chirica, încă își pregătea traseul către PNL. Atunci, pe 9 mai, în așteptarea vizitei președintelui (invitat la mitingul propriului partid ce urma să se desfășoare pe 11 mai), participanţii la mitingul PSD au fost întâmpinaţi de contramanifestanţi cu placarde, fluiere, huiduieli și bancnote de 1 leu ce le erau întinse ostentativ sau aruncate pe jos, ca simbol al actului de corupţie electorală la care aceștia ar fi fost dispuși să participe (Redactia Știrile ProTV, 2019). (shrink)

This chapter makes the argument that the origins of restorative justice are to be found in the Aristotelian notion of “επανορθωτικόν δίκαιον” (corrective or rectificatory justice). A linear historical approach to the Aristotelian theory of justice was avoided. Instead, we argue that certain aspects of this school of thought are reflected in contemporary restorative justice discourse. The concepts of ‘fairness’, justice’, ‘equity’, ‘restoration’, ‘punishment’, ‘responsibility’ and ‘polis’ are the common places (κοινοί τόποι) where Aristotle and restorative justice theories meet. These (...) ‘τόποι’ help us reflect on the roots of restorative justice, (re)define its values and help us (re)position RJ within the worlds of theory, research and practice. (shrink)

Active and targeted reforms at the local and state levels have had success reducing youth incarceration rates. While most agree the work is not done, reform of the youth incarceration system has had important successes. At the same time, activists and advocates have increasingly rejected the goal of reforming youth prisons in favor of abolishing them. I outline some objections to prominent abolitionist arguments. Specifically, I show why arguments that focus on the racist historical origins of the incarceration system, structural (...) injustices within that system, or the inefficiency or harms of the current system justify reform of youth imprisonment practices, not complete elimination of them. By advancing these critiques, I do not claim to show that the reformist perspective is superior to the abolitionist one. Instead, I aim to identify an argumentative burden that abolitionists must address if they are to give reformers good reason to become abolitionists. (shrink)

La pena natural es una situación paradójica que se puede presentar cuando el autor de un delito, al cometerlo o a causa de éste, ha sufrido un daño igual o mayor al que padecería si el juez de la causa le aplicara la pena estatal prevista para tal conducta. Se da con frecuencia al juzgar ciertos accidentes viales, cuando el acusado ya carga el peso de ser quien, por imprudencia, mató a su pareja o familiar cercano, por ejemplo. Pero ¿en (...) qué situaciones y cómo cabe recurrir a la pena natural? En esta investigación, Manuel Serrano explora las diversas aristas y posturas en pugna que atraviesan este tema, donde se cruzan cuestiones como la idea de la “culpa compensada”, la prohibición de aplicar castigo doble por un mismo hecho (non bis in idem) y la clemencia judicial. El autor desmonta la estructura conceptual de la pena natural, estudia jurisprudencia argentina y recorre producciones teóricas de juristas que se han preocupado por este asunto complejo, profundo y poco abordado del derecho penal. (shrink)

This book addresses the European Court of Human Rights’ fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on appeal. (...) -/- On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court’s jurisprudence. (shrink)

Are there any special reasons, in terms of epistemic reliability, that support the demand, advocated by the ECtHR, that personal evidence be provided again in Criminal Appeal, having the appeal court to hear the witnesses and the defendant directly? Namely, are there epistemic considerations to prefer direct contact with witnesses over accessing visual and audio recordings of their intervention in first instance? Can testimony and, with it, memory bring out information in a cognitive agent with complete security? Or are they (...) fallible? Or, even less, do they never give rise to information about reality? If they are fallible, in what extent do they fail? These are some—perhaps the most relevant—of the questions to be answered when one intends to discuss the value (the epistemic validity) of testimonial evidence in Criminal Procedure, having in mind the principle of immediacy. In this chapter, I will analyse, specifically, research in the Neurosciences of Memory, according to which the retrieval of stored information occurs with distortions (with addition, subtraction, or modification of information), and its implications to Criminal Appeal, as well as the main obstacles brought by the Philosophy of Knowledge to testimony reliability. (shrink)

The ability of videos to serve as evidence of racial injustice is complex and contested. This essay argues that scrutiny of the Black body has come to play a key role in how videos of police violence are mined for evidence, following a long history of racialized surveillance and attributions of threat and superhuman powers to Black bodies. Using videos to combat injustice requires incorporating humanizing narratives and cultivating resistant modes of looking.

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...) instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

This thesis examines the key moral principles that should govern decision-making by police and military when using lethal force. To this end, it provides an ethical analysis of the following question: Under what circumstances, if any, is it morally justified for the agents of state-sanctioned security institutions to use lethal force, in particular the police and the military? Recent literature in this area suggests that modern conflicts involve new and unique features that render conventional ways of thinking about the ethics (...) of armed conflict, and the use of lethal force, as inadequate or redundant. In particular, there is an increased concern with the moral difficulties created by “non-standard” cases. This is where the police or military are obliged to operate outside their conventional contexts. In such non-standard cases, on what moral basis can (or should) state actors – especially the police and military – use lethal force? One approach argues that there is nothing morally exceptional about the use of lethal force by police or military. This says the only available moral justification for using lethal force is killing in self-defence or defence of others. In contrast, I use an institutional approach to develop a moral framework for the state’s morally exceptional use of lethal force. The institutional approach is concerned with the ends (telos) or purpose of a social institution. It says that the moral purpose of a social institution alters the moral responsibilities of its agents; what is referred to as role morality. My analysis demonstrates that there is an important moral distinction between justified killing in self-defence and state-sanctioned uses of lethal force. My claim is that police and military uses of lethal force are not morally justified in the same way as the average person’s use of lethal force (i.e. self-defence or defence of others). Instead, I argue that the state-sanctioned institutional role of police and military give these state actors special moral duties, and therefore exceptional moral justification, for using lethal force. I argue that the institutional end of the police is the preservation of public safety. This includes using lethal force where it is necessary to protect life and prevent serious injury to jurisdictional inhabitants. In contrast, a morally responsible state uses military force to defend the “common good.” That is, when it is necessary to defend the peaceful functioning of a state from armed threats or other forms of political violence. I then conclude that non-standard cases require the addition of jus ad vim (or the just use of military force short-of-war) as a hybrid element to the moral framework for the state-sanctioned use of lethal force. This provides a better way of applying ethics to the use of military force when defending the common good against serious threats in non-standard cases. This is because jus ad vim complements the conventional military paradigm by permitting the use of military capabilities to defend the common good. But, at the same time, it inhibits the move towards the more destructive levels of violence characteristic of conventional warfighting. (shrink)

Criminal juries make decisions of great importance. A key criticism of juries is that they are unreliable in a multitude of ways, from exhibiting racial or gendered biases, to misunderstanding their role, to engaging in impropriety such as internet research. Recently, some have even claimed that the use of juries creates injustice on a large-scale, as a cause of low conviction rates for sexual criminality. Unfortunately, empirical research into jury deliberation is undermined by the fact that researchers are unable to (...) study live juries. The indirect sources of evidence used by researchers suffer from various problems, the most important of which is dubious levels of ecological validity. Real jury research—studying live jury deliberation—is controversial. However, as I argue, the objections to it are unconvincing. There is in fact a moral imperative to facilitate real jury research. (shrink)

The seminal work on Restorative Justice by one of the founders of the movement, now fully revised and updated. In a time of bitter differences and deep division, how should we as a society respond to wrongdoing? When a crime occurs or an injustice is done, what needs to happen? What does justice require? Howard Zehr is the father of Restorative Justice and is known worldwide for his pioneering work in transforming understandings of justice. Here he proposes workable Principles and (...) Practices for making Restorative Justice possible in this revised and updated edition of his bestselling, seminal book on the movement. Our legal system's approach to justice has some important strengths, but also some deep failings. Victims, offenders, and community members often feel that justice does not adequately meet their needs. Justice professionals--judges, lawyers, prosecutors, probation and parole officers, prison staff--are frustrated with the system's shortcomings, too. Many feel that the process of justice deepens the wounds and conflicts in our society rather than bringing healing and peace. Restorative Justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is a worldwide movement of growing influence that is helping victims and communities heal, while holding criminals accountable for their actions. This is not a soft-on-crime, feel-good philosophy, but rather a concrete effort to bring justice and healing to everyone involved in a crime. In The Little Book of Restorative Justice, Zehr first explores how restorative justice is different from criminal justice. Then, before letting those appealing observations drift out of reach into theoretical space, Zehr presents Restorative Justice Practices. Zehr undertakes a massive and complex subject and puts it in graspable form, without reducing or trivializing it. This is a handbook, a vehicle for moving our society toward healing and wholeness. This is a sourcebook, a starting point for handling brokenness with hard work and hope. This resource is also suitable for academic classes and workshops, for conferences and trainings, as well as for the layperson interested in understanding this innovative and influential movement. (shrink)

This article reflects on the 'Framework Agreement' signed between the NSCN (IM) and the Government of India and the present situation of the Nagas.

This licentiate thesis consists of three essays which all concern the ethics of imprisonment and what constitutes an ethically defensible treatment of criminal offenders. Paper 1 defends the claim that prisoners have a right to privacy. I argue that the right to privacy is important because of its connection to moral agency. For that reasons is the protection of inmates’ right to privacy also warranted by different established philosophical theories about the justification of legal punishment. I discuss the practical implications (...) of this argument. Ultimately I argue the invasion of privacy should be minimized to the greatest extent possible without compromising other important values and rights to safety and security. In defending this position, I argue that respect for inmates’ privacy should be part of the objective of creating and upholding a secure environment to better effect in the long run. Paper 2 discusses whether the collateral harm of imprisonment to the close family members and children of prison inmates may give rise to special moral obligations towards them. Several collateral harms, including decreased psychological wellbeing, financial costs, loss of economic opportunities, and intrusion and control over their private lives, are identified. Two competing perspectives in moral philosophy are applied in order to assess whether the harms are permissible. The first is consequentialist and the second is deontological, and it is argued that both of them fails and therefore it is hard to defend the position that allowing for these harms would be morally permissible, even for the sake of the overall aims of incarceration. Instead, it is argued that these harms imply that imprisonment should only be used as a last resort. Where it is necessary, imprisonment should give rise to special moral obligations towards families of prisoners. Using the notion of residual obligation, these obligations are defended, categorized and clarified. Paper 3 evaluates electronic monitoring from an ethical perspective and discusses whether it could be a promising alternative to imprisonment as a criminal sanction for a series of criminal offenses. EM evaluated from an ethical perspective as six initial ethical challenges are addressed and discussed. It is argued that since EM is developing as a technology and a punitive means, it is urgent to discuss its ethical implications and incorporate moral values into its design and development. (shrink)

In his seminal essay, 'Two Concepts of Rules', John Rawls draws a central distinction between justifying a practice and justifying a particular action falling under it. In this review, Leslie Allan walks through Rawls's essay, highlighting his key arguments for a strengthened version of rule utilitarianism and reflecting on the lasting influence of his analysis.

In many assessment problems—aptitude testing, hiring decisions, appraisals of the risk of recidivism, evaluation of the credibility of testimonial sources, and so on—the fair treatment of different groups of individuals is an important goal. But individuals can be legitimately grouped in many different ways. Using a framework and fairness constraints explored in research on algorithmic fairness, I show that eliminating certain forms of bias across groups for one way of classifying individuals can make it impossible to eliminate such bias across (...) groups for another way of dividing people up. And this point generalizes if we require merely that assessments be approximately bias-free. Moreover, even if the fairness constraints are satisfied for some given partitions of the population, the constraints can fail for the coarsest common refinement, that is, the partition generated by taking intersections of the elements of these coarser partitions. This shows that these prominent fairness constraints admit the possibility of forms of intersectional bias. (shrink)

It is essential for those employed within the justice system to be able to competently and confidently work at the borders between ethics and the law.Criminal Justice Ethics offers a fresh new approach to considering ethical issues in a criminal justice context. Rather than simply offering a range of ethical dilemmas specific to various justice professionals, it provides extensive discussion of how individuals develop their 'moral imaginations' using ethical perspectives and practices, both as citizens of the world and as practitioners (...) of justice. Starting from a consideration of the major ethical theories, this book sets the framework for an expansive discussion of ethics by moving from theory to consider the just society and the role of the justice professional within it. Each chapter provides detailed analysis of relevant ethical issues, and activities to engage students with the content, as well as review questions, which can be used for revision or examination. This book will help students to: understand the various theoretical approaches to ethics, apply these understandings to issues in society and the justice process, assist in developing the ability to investigate, discuss, and analyse current ethical issues in criminal justice, appreciate the diverse nature of ethical systems across cultures, outline strategies for detecting and resolving ethical dilemmas. Rich with examples and ethical dilemmas from a broad range of contexts, this book's multicultural approach will appeal not only to criminal justice educators, but also to academics, students and practitioners approaching criminal justice from sociological, psychological or philosophical perspectives. (shrink)

English title: The Right to be Punished: On Kant and Hegel's theories of punishment as respect for the criminal -/- The article discusses Kant and Hegel's theories of punishment in light of their broader legal philosophies. The purpose of punishment, and law in general, is to secure mutual freedom and mutual recognition. Punishment is a way of expressing respect for the freedom of the criminal, as well as the freedom of victims and all members of society. Though it might seem (...) odd that imprisoning somebody means respecting their freedom, Hegel famously insists that punishment is a right for the criminal. The article explains how punishment may respect mutual freedom, and defends the claim that this is a necessary condition for just punishment. However, the purpose of re-establishing mutual freedom may possibly be achieved by other methods than punishment. The article discusses the potential of restorative justice processes for expressing the kind of mutual recognition that Hegel ascribes to punishment. Punishment is therefore not necessary for achieving the just purpose that Kant and Hegel ascribe to it. We may thus accept the Kantian-Hegelian framework for the just sanctioning of crime while challenging their more controversial claim that punishment is a categorical imperative. (shrink)

Within the classical tripartition of powers, courts and tri- bunals have always held the most marginal role, limited by the interpretation of laws. In the last decades, however, judiciaries have been increasingly addressed with the task of resolving moral issues and political questions, drawing power away from representative institutions. The intention of this essay is to analyse the judicialisation of politics and how this emergent phenomenon is slowly reshaping the skeleton of political structures and mutating the political environment — particularly (...) within the United Kingdom. In order to provide beneficial outcomes, this phenomenon should be accompanied by an attempt to embrace more democratic principles, seeking to promote a more inclusive space in the light of greater political responsibility, dialogue, and plurality of opinion. (shrink)

Government transparency and accountability during Covid 19: The data underpinning decisions.

Call for Written evidence - Risk Assessment and Risk Planning.

Call for evidence Written evidence - Data Transparency and Accountability: Covid 19 -/- .

AI systems that demonstrate significant bias or lower than claimed accuracy, and resulting in individual and societal harms, continue to be reported. Such reports beg the question as to why such systems continue to be funded, developed and deployed despite the many published ethical AI principles. This paper focusses on the funding processes for AI research grants which we have identified as a gap in the current range of ethical AI solutions such as AI procurement guidelines, AI impact assessments and (...) AI audit frameworks. We highlight the responsibilities of funding bodies to ensure investment is channelled towards trustworthy and safe AI systems and provides case studies as to how other ethical funding principles are managed. We offer a first sight of two proposals for funding bodies to consider regarding procedures they can employ. The first proposal is for the inclusion of a Trustworthy AI Statement’ section in the grant application form and offers an example of the associated guidance. The second proposal outlines the wider management requirements of a funding body for the ethical review and monitoring of funded projects to ensure adherence to the proposed ethical strategies in the applicants Trustworthy AI Statement. The anticipated outcome for such proposals being employed would be to create a ‘stop and think’ section during the project planning and application procedure requiring applicants to implement the methods for the ethically aligned design of AI. In essence it asks funders to send the message “if you want the money, then build trustworthy AI!”. (shrink)

Care appears prima facie antithetical to punishment. Since the overlaps between care and punishment are greater than we paradigmatically expect, care ethics offers a more accurate account of prisons: recognising and critiquing both dehumanising carceral violence, and the necessity, presence, and inadequacies of penal care, as well as unlocking ways of thinking differently about structural change without losing sight of individual issues. After introducing care ethics and evidencing the presence of caring practices in present prisons, the article considers how we (...) punish, in terms of the amount, method, and manner. Treating people in punishment as moral equals is important for liberal deontological penal theories. Treatment as equals requires context. Context is intrinsic to care‐ethics praxis, which provides methods of and standards for accessing and applying this information. (shrink)

One argument often made against capital punishment is that it would involve the risk of killing innocent people and that such a mistake cannot be corrected in ways that other punishments can. I call this the ‘Irrevocability Argument’. In this article, I argue that the Irrevocability Argument is symmetrical with respect to capital punishment and active voluntary euthanasia. If the Irrevocability Argument works against capital punishment, then it also works against active voluntary euthanasia and vice versa. The main upshot of (...) this is that it means at least some of the moral positions that people hold to treat them differently are untenable. Those who rely on the Irrevocability Argument as an argument against capital punishment are also committed to it as an argument against active voluntary euthanasia. (shrink)

In the field of human rights, expressions like justice and legal reform are closely linked to the process of harmonization of domestic and international human rights standards. Harmonization of human rights standards can be described as a process wherein international human rights are incorporated or given full effect to at the domestic level. [i] To harmonize the two set of standards i.e. domestic and international is viewed as both a commitment and obligation of states under international law. [ii] In terms (...) of state practice, the process of harmonization may entail a set of actions including adoption of laws and creation of mechanisms for enforcement and redressal of violations. -/- At the international level, the harmonization agenda is actively promoted at forums including the Universal Periodic Review (UPR) or during consultations between states and human rights treaty bodies, etc. Questions on whether states are in compliance with their international human rights commitments under treaties and other resolutions are to a large extent determined based on the extent of harmonization. Other pertinent questions being whether existing domestic laws are compatible with international human rights standards? What conditions obstruct and facilitate harmonization of human rights standards? Are there any parameters to measure harmonization? -/- While harmonization is widely promoted, its study and assessment is complex. (shrink)

This edited book provides an in-depth examination of the implications of neuroscience for the criminal justice system. It draws together experts from across law, neuroscience, medicine, psychology, criminology, and ethics, and offers an important contribution to current debates at the intersection of these fields. It examines how neuroscience might contribute to fair and more effective criminal justice systems, and how neuroscientific insights and information can be integrated into criminal law in a way that respects fundamental rights and moral values. -/- (...) The book’s first part approaches these questions from a legal perspective, followed by ethical accounts in part two. Its authors address a wide range of topics and approaches: some more theoretical, like those regarding the foundations of punishment; others are more practical, like those concerning the use of brain scans in the courtroom. Together, they illustrate the thoroughly interdisciplinary nature of the debate, in which science, law and ethics are closely intertwined. It will appeal in particular to students and scholars of law, neuroscience, criminology, socio-legal studies and philosophy. (shrink)

Larry May's and Kenneth Shockley's discussions of punishment for mob‐based harms fall back on the idea of individual mens rea. They recognise that the mens rea element is complicated by the fact that an individual's intentional actions in the context of mob activity have a collective dimension to them, either because they are ‘group‐based’, or because they are enabled or constrained by the collective's ‘normative authority’. However, their accounts of punishment fail to adequately reflect this complication. We claim that this (...) is because they primarily countenance ‘paradigmatic’ forms of punishment. Part 2 of the article argues that a non‐paradigmatic form of punishment – one that is ‘expressive’ insofar as it publicly communicates a denunciation – can better target the complex relations between the individual and collective dimensions of mob‐based harms. In order to better illuminate the target of such punishment, Part 1 of the article clarifies the relation between individual, shared and collective responsibility for mob‐based harms. Responding to several shortcomings in May's and Shockley's work, we examine the emergence of ‘mob mentality’ and argue that mob beliefs, intentions and norms are dynamically ‘expressed’ (i.e. publicly manifested, communicated and shaped) in and through the situated behaviour of individual mob members. (shrink)

This article discusses the removal of voting rights from those convicted of crimes. I focus on two recent defences of penal disenfranchisement: firstly, I question one justification of the view that voting rights are conditional on the fulfilment of certain responsibilities that offenders fail to meet. Secondly, I criticise an expressivist justification of disenfranchisement based on the idea that it is uniquely suited to express dissociation from serious wrongdoing. While embracing the expressivist perspective of the latter line of argument, I (...) argue that disenfranchisement also expresses attitudes that are incompatible with the commitment to equality. Disenfranchisement conveys the judgment that offenders are not fit to participate in the democratic process. In doing so, it violates the duty of the state to treat all its citizens with equal respect and undermines offenders’ equal status. Moreover, this policy fosters objectionable inequalities of esteem: other members of the community are very likely to internalise the judgment that offenders are second‐class citizens and to regard them as inferior, which in turn undermines their status in society. (shrink)

A number of philosophers argue that law enforcement officers may have good reasons to racially profile suspects under certain conditions. Their conclusions rest on a claim of epistemic rationality: if members of some races are at an increased risk of criminality, then it may be rational for law enforcement officers to subject them to increased scrutiny. In this paper I contest the epistemic rationality of racial profiling by appealing to recent work in criminology and the sociology of race and crime. (...) I argue that recent studies indicate that race is a comparatively poor baseline for judging criminality. Law enforcement officers are therefore not making a cognitive error by ignoring race to focus on other correlates of crime but are keeping up with our best social science. (shrink)

Death penalty debates appear to be intractable because what is obvious to one side is just as obviously not the case to the other. One side finds it unconscionable that a murderer can still be walk...

In The Limits of Blame, Erin Kelly argues that we should purge our thinking about criminal justice of notions of moral desert and blameworthiness. Her targets are retributivist theories of punishme...

Debates about terrorism and technology often focus on the potential uses of technology by non-state terrorist actors and by states as forms of counterterrorism. Yet, little has been written about how technology shapes how we think about terrorism. In this chapter I argue that technology, and the language we use to talk about technology, constrains and shapes our understanding of the nature, scope, and impact of terrorism, particularly in relation to state terrorism. After exploring the ways in which technology shapes (...) moral thinking, I use two case studies to demonstrate how technology simultaneously hides and enables terroristic forms of state violence: police control technologies and Unmanned Aerial Vehicles (UAVs), or drones. In both these cases, I argue that features of these technologies, combined with a narrative of precision and efficiency, serves to mask the terroristic nature of the violence that these practices inflict and reinforces the moral exclusion of those against whom these technologies are deployed. In conclusion, I propose that identifying acts of terrorism requires a focus on the impact of technologies of violence (whether they are “high tech” or not) on those most affected, regardless of whether users of these technologies conceive of their actions as terroristic. (shrink)

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...

An exploration of RA Duff's 'communicative theory of punishment' in contexts of deep legal and cultural pluralism.

The relationship between dementia and criminal behavior perplexes legal and health care systems. Dementia is a progressive clinical syndrome defined by impairment in at least two cognitive domains that interferes with one's activities of daily. Dementia symptoms have been associated with behaviors that violate social norms and constitute criminal actions. A failure to address a gap in policies that support appropriate management of individuals with dementia reflects a failure in our social obligation to care for those who are most vulnerable (...) amongst us. Categorical protections, informed by precedent models applied to juveniles and individuals with psychiatric illness, could help meet a social obligation to provide protections to individuals with dementia. We propose an approach that integrates affirmative defenses to mitigate criminal liability and sentencing restrictions to prevent cruel and unusual punishment. (shrink)

Cannabis use in some individuals can meaningfully introduce de novo risk for the initiation of opioid use and development of opioid use disorder. These risks may be particularly high during adolescence when cannabis use may disrupt critical periods of neurodevelopment. Current research studying the combination of genetic and environmental factors involved in substance use disorders is poorly understood. More research is needed, particularly to identify which adolescents are most at risk and to develop effective interventions addressing contributing factors such as (...) trauma and psychiatric comorbidity. (shrink)

Patients living with chronic pain require appropriate access to opioid therapy along with improved access to pain care and additional therapeutic options. It's both medically reasonable and ethical to consider opioid therapy as a treatment option in the management of chronic, non-cancer pain for a subset of patients with severe pain that is unresponsive to other therapies, negatively impacts function or quality of life, and will likely outweigh the potential harms. This paper will examine opioid therapy in the setting of (...) the opioid epidemic, why critics feel that the CDC guideline has resulted in harsh consequences for patients and their physicians, and the rationale for opioid therapy as a means of providing ethical and compassionate pain care. (shrink)

Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.

Prison as a Torturous Institution Philosophers working on torture have largely failed to address the widespread use of torture in the U.S. prison system. Drawing on a victim-focused definition of torture, I argue that the U.S. prison system is a torturous institution in which direct torture occurs (the use of solitary confinement) and in which torture is allowed to occur through the toleration of sexual assault of inmates and the conditions of mass incarceration. The use and toleration of torture expresses (...) and reinforces the moral exclusion of those subjected to it, particularly African Americans. Importantly, this moral exclusion and the experience of torture may be created and reinforced through institutional practices independently of the intentions of individuals acting within those institutions. By prioritizing torture victims’ experiences and severing the link between torture and intention, my account forces a recognition that, far from being inconsistent with U.S. values, torture is deeply embedded within U.S. institutions. (shrink)

Los excesos cometidos en las políticas de seguridad han conducido a una creciente violación de las libertades individuales. Esto ha hecho que sea cada vez más frecuente la interposición de recursos de hábeas corpus por aquellos que ven arbitrariamente afectada su libertad. Una figura jurídica que debería ser de uso excepcional, y en casos de emergencia, se ha vuelto de uso casi cotidiano . Esto no muestra necesariamente una mala utilización del recurso —aunque puede advertirse en algunos casos cierto abuso (...) por parte de los abogados— sino que es síntoma de la magnitud de la amenaza a la libertad que implica una política de seguridad inadecuada. El trabajo posee la siguiente estructura. En el apartado II se llama la atención sobre un problema general que tienen las políticas de seguridad que utilizan como instrumento la amenaza de detenciones indiscriminadas. El problema está vinculado al miedo como emoción política y a su carácter antagónico con una concepción de ciudadanía republicana y democrática. El apartado III muestra el modo en que reconocer la legitimación activa amplia para el hábeas corpus colectivo —que intenta poner freno a las políticas de seguridad fundadas en el miedo— encaja con esta concepción de ciudadanía y es fruto de una interpretación armónica del sistema jurídico. (shrink)

Los movimientos #MeToo de Hollywood, #YoSiTeCreo de España y #MiraComoNosPonemos de Argentina son el punto de partida de una transición promovida por el movimiento feminista. Esta transición está dirigida a una sociedad justa en la que las mujeres no sean víctimas de violación y acoso que, además, quedan impunes. La perpetración de los males que estos movimientos buscan eliminar ha sido posible hasta ahora, entre otras cosas, dado el déficit de credibilidad que afecta a las mujeres que denuncian tales delitos. (...) En este artículo, me centraré en el caso de la injusticia testimonial y trataré de responder la pregunta sobre qué requiere la transición de una sociedad con altos niveles de injusticia testimonial a una sociedad epistémicamente justa. Para hacerlo, en la Sección 1 trataré de especificar el tipo de mal que implica la injusticia testimonial. En la Sección 2 mostraré que la injusticia testimonial, como una especie de dominación estructural, consiste en una desviación del umbral de la justicia diferente de los dos tipos citados habitualmente. Por lo tanto, la dominación estructural constituye un tipo de injusticia diferente de la desviación del umbral de la justicia debido a la acción incorrecta de un agente o agencia y la desviación debido a factores arbitrarios como la lotería genética. Sin embargo, comparte similitudes con ambos tipos de desviaciones. En la Sección 3 analizaré las particularidades de la justicia de transición epistémica, explorando los puntos de conexión con otros casos de justicia de transición y tratando de especificar el tratamiento que debe recibirse en la transición, las expectativas de las víctimas de esta injusticia, sus beneficiarios y el resto. de la gente. En la Sección 4 presentaré algunas reformas institucionales que podrían implicar la transición a una sociedad con justicia testimonial. Estas reformas constituyen el siguiente paso en la transición promovida por el movimiento feminista. (shrink)

Recent developments in philosophy and in criminology indicate that there are significant respects in which the two disciplines can be mutually informing. Many philosophers are increasingly interested in exploring empirical aspects of philosophical claims, and criminologists are finding their way past the alleged fact/value distinction and are rediscovering the moral significance of facts, especially regarding punishment and desistance. In some recent criminological studies there are implicit links to the British moralists such as David Hume and Adam Smith, and to Aristotle (...) as well. This paper explicates those links and some of the possibilities for philosophy and criminology to be mutually informing. (shrink)