Criminal Justice Ethics

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.

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)

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)

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)

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)

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)

Purpose This paper aims to examine whether there are morally defensible reasons for using or operating websites that offer distributed denial-of-service attacks on a specified target to users for a price. Booters have been linked to some of the most powerful DDoS attacks in recent years. Design/methodology/approach The authors identify the various parties associated with booter websites and the means through which booters operate. Then, the authors present and evaluate the two arguments that they claim may be used to justify (...) operating and using booters: that they are a useful tool for testing the ability of networks and servers to handle heavy traffic, and that they may be used to perform DDoS attacks as a form of civil disobedience on the internet. Findings The authors argue that the characteristics of existing booters disqualify them from being morally justified as network stress testing tools or as a means of performing civil disobedience. The use of botnets that include systems without the permission of their owners undermines the legitimacy of both justifications. While a booter that does not use any third-party systems without permission might in principle be justified under certain conditions, the authors argue that it is unlikely that any existing booters meet these requirements. Practical/implications Law enforcement agencies may use the arguments presented here to justify shutting down the operation of booters, and so reduce the number of DDoS attacks on the internet. Originality/value The value of this work is in critically examining the potential justifications for using and operating booter websites and in further exploring the ethical aspects of using DDoS attacks as a form of civil disobedience. (shrink)

One of the questions raised by this important and thought-provoking collection of essays on torture is how and why the consensus that torture is wrong - a consensus enshrined in international law for decade - has become so fragile. As Scott Anderson writes in the introduction to this volume, "[h]ow did abusing and torturing prisoners suddenly become so popular?” The chapters in this volume offer insights into this question from the perspectives of history, psychology, law, philosophy, and sociology. This interdisciplinary (...) approach highlights important and often overlooked aspects of the torture debate. Yet, the questions that the authors take to be important (for example, about whether the justification of torture should even be contemplated) reflect different and sometimes incompatible normative assumptions about what torture is and about what matters in the torture debate. These assumptions, I shall argue, are shaped by, and play a role in shaping, the moral, political, and social narratives that contribute to or resist the toleration of torture in the US and elsewhere. Thus, while the disparate nature of the contributions (perhaps inevitably) undermine the cohesiveness of the volume as a whole, it illuminates, even if it does not resolve, larger questions about the place and function of academic debate in the history and use of torture. (shrink)

The war on drugs is widely criticized as unjust. The idea that the laws prohibiting drugs are unjust can easily lead to the conclusion that those laws do not deserve our respect, so that our only moral reason to obey them flows from a general moral obligation to obey the law, rather than from anything morally troubling about drug use itself. In this paper, I argue that this line of thinking is mistaken. I begin by arguing that the drug laws (...) are indeed unjust. However, so long as they remain prohibited, I argue that we have strong moral reasons to avoid drug use. First, drug users are partly responsible for the violent and exploitative conditions in which many drugs are produced and distributed. Second, the unequal ways in which drug laws are enforced make drug use by many an unethical exercise of privilege. These reasons do not depend on the existence of a general moral obligation to obey the law; we ought to refrain from illegal drug use even if prohibition is unjust and even if we have no general obligation to obey the law. In fact, drug laws turn out to represent an interesting exception case within the broader debate about this obligation, and I argue that it is the very injustice of the law that generates the reasons not to violate it. (shrink)

ABSTRACTIn this paper we explore the possibility of rethinking the concept of emotional intelligence within the context of education. By developing a pedagogical dialogue with Michel Henry’s phenomenology of incarnation, we try to move beyond existing models of emotional intelligence by shifting the emphasis from the intellectual significance of emotion to a more original incarnate affectivity within intelligence, understood as lived sense-making. We claim that this ontological and ontogenetic perspective on emotion puts it at the heart of education. Yet only (...) because it evokes an understanding of education which is expressly non-functionalist: a disruptive, even dreadful event that marks the threshold and tension between what Henry terms Life and World. More than simply learning us to manage our emotions or recognize the value of experiences, emotional intelligence is about the very making of World out of Life, a Life that is at once radically subjective and communal. (shrink)

Through the criminal justice system so-called dangerous offenders are, besides the offence that they are being convicted of and sentenced to, also punished for acts that they have not done but that they are believe to be likely to commit in the future. The aim of this paper is to critically discuss whether some adherents of retributivism give a plausible rationale for punishing offenders more harshly if they, all else being equal, by means of predictions are believed to be more (...) dangerous than other offenders. While consequentialism has no problem, at least in principle, with this use of predictions most retributivists have been opponents of punishing offenders on the basis of predictions. How can an offender deserve to be punished for something that he has not done? But some retributivists like Anthony Duff and Stephen Morse have argued in favor of punishing offenders who are considered to be dangerous in the future more harshly than non-dangerous offenders. After having reconstructed their arguments in detail, it will be argued that both Duff’s and Morse’s attempts to give a retributivistic justification have several shortcomings. (shrink)

Our society gives certain rights and protections to those who are punished and incarcerated, deeming them a vulnerable group in need of additional protections because they are under state control. Despite these protections, prisoners are still susceptible to mistreatment and abuse. This paper delves into one area in which prisoners are particularly vulnerable—the use of prison labor to fight wildfires in the western United States. In this paper, I first broadly discuss prison labor, before going into the current ethical principles (...) and guidelines in the field of corrections that address the treatment of prisoners and prison labor. I argue that these principles and guidelines should be augmented to help those in corrections to make decisions about what is ethical; suggesting that how researchers evaluate proposed research projects could serve as a model for decision-making. I then introduce prison fire camps, considering whether they are ethical by research ethics principles, and suggesting how they can be changed to better reflect the values professed by our society. (shrink)

Recent studies demonstrate a moral self effect: continuity in moral values is crucial to ascriptions of identity in and over time. Since Locke, personal identity has been referred to as a ‘forensic’ concept, meaning that it plays a role in attributions of moral responsibility. If moral values are crucial to identity over time, then perceived changes in a person’s set of values may reduce responsibility for past deeds. To test this, we examined the moral self effect in parole contexts. In (...) this empirical article, we conducted two experiments, in which participants were significantly more likely to grant parole to agents who underwent a moral change as opposed to mere behavioral change. We conclude by discussing possible objections and implications of these philosophical results for the Lockean view of personal identity. (shrink)

In Naked, Krista K. Thomason offers a multi-faceted account of shame, covering its nature as an emotion, its positive and negative roles in moral life, its association with violence, and its provocation through invitations to shame, public shaming, and stigmatization. Along the way, she reflects on a range of examples drawn from literature, memoirs, journalism, and her own imagination. She also considers alternative views at length, draws a wealth of important distinctions, and articulates many of the most intuitive objections to (...) her own view in order to defend it more thoroughly. As such, the book’s subtitle, The Dark Side of Shame and Moral Life, undersells its scope and ambition. This is an exploration not just of shame’s dark side but a kaleidoscopic appreciation of both the nature and the (dis)value of shame and shaming. Somewhat undercutting this breadth, Thomason relies heavily on Kantian intuitions about equal respect and recognition for persons and their dignity; in several key arguments, she tells us to disregard predictable and systematic consequences of emotions, practices, and institutions so that we can better focus on their constitutive or internal aspects. Of course, every philosopher inevitably brings theoretical commitments to bear when writing about moral psychology, but non-Kantian readers should be forewarned that — despite the fact that Thomason says that she does “not assume any particular moral theory” — her ethical conclusions about shaming and stigmatizing are likely to be plausible only to those who are already snugly tied into a web of “Kantian commitments” (p. 9). (shrink)

Most punishment theories acknowledge neither the full extent of the harms which punishment risks, nor the caring practices which punishment entails. Consequently, I shall argue, punishment in most of its current conceptualizations is inconsistent with treating offenders as equals qua persons. The nature of criminal punishment, and of our interactions with offenders in punishment decision-making and delivery, risks causing harm to offenders. Harm is normalized when central to definitions of punishment, desensitizing us to unintended harms and obscuring caring practices. Offenders (...) may be partially silenced and excluded by mainstream criminal justice practices which limit interaction between offenders and practitioners. When we ignore significant harms, or silence and exclude, we treat others as passive non-subjects. This partially objectifies offenders, and is inconsistent with treatment as equals. Penal theories employing harm-centred and harm-normalizing definitions of punishment can provide few resources to help practitioners either avoid, or recognize and respond to, harms. Care ethics, by contrast, motivates the avoidance of harm, ongoing inclusive engagement, and respectful interaction with others. I argue that defining punishment without presupposing harm facilitates the identification of morally problematic harms, and recognition of caring practices. I offer a principled argument, and political and pragmatic supplementary arguments, for responding to offenders without intentional harm and with care. Principles drawn from care ethics can help to strengthen mainstream criminal practices by structuring decision-making and action. Bottom-up alternative criminal justice practices share some values with these proposed guiding principles, allowing a partial test of the principles. I consider examples of restorative justice practices, therapeutic jurisprudence, community justice and other problem-solving court practices, in addition to considering how well mainstream punishment practices measure up to these principles. My analysis illuminates the strengths and weaknesses of the principles, and how they might contribute to securing treatment as equals for offenders in mainstream practices. (shrink)