Results for 'criminal justice'

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  1.  5
    Smart criminal justice: exploring the use of algorithms in the Swiss criminal justice system.Monika Simmler, Simone Brunner, Giulia Canova & Kuno Schedler - forthcoming - Artificial Intelligence and Law:1-25.
    In the digital age, the use of advanced technology is becoming a new paradigm in police work, criminal justice, and the penal system. Algorithms promise to predict delinquent behaviour, identify potentially dangerous persons, and support crime investigation. Algorithm-based applications are often deployed in this context, laying the groundwork for a ‘smart criminal justice’. In this qualitative study based on 32 interviews with criminal justice and police officials, we explore the reasons why and extent to (...)
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  2. Criminal Justice Without Retribution.Erin I. Kelly - 2009 - Journal of Philosophy 106 (8):440-462.
  3.  38
    The Criminal Justice System Creates Incentives for False Convictions.Roger Koppl & Meghan Sacks - 2013 - Criminal Justice Ethics 32 (2):126-162.
    The American criminal justice system creates incentives for false conviction. For example, many public crime labs are funded in part per conviction. We show that the number of false convictions per year in the American criminal justice system should be considered ?high.? We examine the incentives of police, forensic scientists, prosecutors, and public defenders in the U.S. Police, prosecutors, and forensic scientists often have an incentive to garner convictions with little incentive to convict the right person. (...)
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  4. Is Criminal Justice Politically Feasible?Philip Pettit - 2002 - Buffalo Criminal Law Review 5 (2):427-450.
  5.  68
    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 (...)
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  6.  31
    Criminal Justice and Legal Reparations as an Alternative to Punishment.Geoffrey Sayre-McCord - 2001 - Noûs 35 (s1):502 - 529.
  7.  13
    Criminal Justice and Legal Reparations as an Alternative to Punishment.Geoffrey Sayre-McCord - 2001 - Philosophical Issues 11 (1):502-529.
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  8.  26
    Criminal Justice Unhinged: The Challenge of Guilty Pleas.Richard Nobles & David Schiff - 2019 - Oxford Journal of Legal Studies 39 (1):100-123.
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  9.  27
    Rejecting Retributivism: Free Will, Punishment, and Criminal Justice.Gregg D. Caruso - 2021 - Cambridge University Press.
    Within the criminal justice system, one of the most prominent justifications for legal punishment is retributivism. The retributive justification of legal punishment maintains that wrongdoers are morally responsible for their actions and deserve to be punished in proportion to their wrongdoing. This book argues against retributivism and develops a viable alternative that is both ethically defensible and practical. Introducing six distinct reasons for rejecting retributivism, Gregg D. Caruso contends that it is unclear that agents possess the kind of (...)
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  10.  38
    Criminal Justice in a Democracy: Towards a Relational Conception of Criminal Law and Punishment. [REVIEW]René Foqué - 2008 - Criminal Law and Philosophy 2 (3):207-227.
    This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of (...)
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  11.  15
    Remorse and Criminal Justice.Susan A. Bandes - 2016 - Emotion Review 8 (1):14-19.
    A defendant’s failure to show remorse is one of the most powerful factors in criminal sentencing, including capital sentencing. Yet there is currently no evidence that remorse can be accurately evaluated in a courtroom. Conversely there is evidence that race and other impermissible factors create hurdles to evaluating remorse. There is thus an urgent need for studies about whether and how remorse can be accurately evaluated. Moreover, there is little evidence that remorse is correlated with future law-abiding behavior or (...)
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  12.  4
    Criminal Justice.J. Roland Pennock & John William Chapman (eds.) - 1985 - New York University Press.
    This, the twenty-seventh volume in the annual series of publications by the American Society for Political and Legal Philosophy, features a number of distinguised contributors addressing the topic of criminal justice. Part I considers "The Moral and Metaphysical Sources of the Criminal Law," with contributions by Michael S. Moore, Lawrence Rosen, and Martin Shapiro. The four chapters in Part II all relate, more or less directly, to the issue of retribution, with papers by Hugo Adam Bedau, Michael (...)
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  13. Risk Assessment Tools in Criminal Justice and Forensic Psychiatry: The Need for Better Data.Thomas Douglas, Jonathan Pugh, Illina Singh, Julian Savulescu & Seena Fazel - 2017 - European Psychiatry 42:134-137.
    Violence risk assessment tools are increasingly used within criminal justice and forensic psychiatry, however there is little relevant, reliable and unbiased data regarding their predictive accuracy. We argue that such data are needed to (i) prevent excessive reliance on risk assessment scores, (ii) allow matching of different risk assessment tools to different contexts of application, (iii) protect against problematic forms of discrimination and stigmatisation, and (iv) ensure that contentious demographic variables are not prematurely removed from risk assessment tools.
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  14.  4
    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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  15. Ethics and Criminal Justice: An Introduction.John Kleinig (ed.) - 2008 - Cambridge University Press.
    This textbook looks at the main ethical questions that confront the criminal justice system - legislature, law enforcement, courts, and corrections - and those who work within that system, especially police officers, prosecutors, defence lawyers, judges, juries, and prison officers. John Kleinig sets the issues in the context of a liberal democratic society and its ethical and legislative underpinnings, and illustrates them with a wide and international range of real-life case studies. Topics covered include discretion, capital punishment, terrorism, (...)
     
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  16.  28
    International Criminal Justice Between Scylla and Charybdis—the “Peace Versus Justice” Dilemma Analysed Through the Lenses of Judith Shklar’s and Hannah Arendt’s Legal and Political Theories.Christof Royer - 2017 - Human Rights Review 18 (4):395-416.
    The present article discusses the “peace versus justice” dilemma in international criminal justice through the lenses of the respective legal theories of Judith Shklar and Hannah Arendt—two thinkers who have recently been described as theorists of international criminal law. The article claims that in interventions carried out by the International Criminal Court, there is an ever-present potentiality for the “peace versus justice” dilemma to occur. Unfortunately, there is no abstract solution to this problem, insofar (...)
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  17.  40
    Memory Interventions in the Criminal Justice System: Some Practical Ethical Considerations.Laura Y. Cabrera & Bernice S. Elger - 2016 - Journal of Bioethical Inquiry 13 (1):95-103.
    In recent years, discussion around memory modification interventions has gained attention. However, discussion around the use of memory interventions in the criminal justice system has been mostly absent. In this paper we start by highlighting the importance memory has for human well-being and personal identity, as well as its role within the criminal forensic setting; in particular, for claiming and accepting legal responsibility, for moral learning, and for retribution. We provide examples of memory interventions that are currently (...)
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  18.  21
    Rethinking Criminal Justice.Erin I. Kelly - 2020 - Res Philosophica 97 (2):169-183.
    The punitive, moralizing conception of individual responsibility commonly associated with retributive justice exaggerates the moral meaning of criminal guilt. Criminal guilt does not imply moral desert, nor does it justify moral blame. Mental illness, intellectual disability, addiction, immaturity, poverty, and racial oppression are factors that mitigate our sense of a wrongdoer’s moral desert, though they are mostly not treated by the criminal justice system as relevant to criminal culpability. The retributive theory also distracts from (...)
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  19.  44
    Criminal Justice and the Liberal Polity.Jonathan Jacobs - 2011 - Criminal Justice Ethics 30 (2):173-191.
    There are several reasonable conceptions of liberalism. A liberal polity can survive a measure of disagreement over just what constitutes liberalism. In part, this is because of the way a liberal order makes possible a dynamic, heterogeneous civil society and how that, in turn, can supply participants with reasons to support a liberal political order. Despite the different conceptions of justice associated with different conceptions of liberalism, there are reasons to distinguish the normative focus of criminal justice (...)
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  20.  27
    The Criminal Justice System and Health Care.Charles A. Erin & Suzanne Ost (eds.) - 2007 - Oxford University Press.
    This collection examines questions of medical accountability and ethics. It analyses how the criminal justice system regulates health care practice, and to what extent it is appropriate to use it as a tool to resolve ethical conflict in health care.
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  21.  83
    Racial Profiling and Criminal Justice.Jesper Ryberg - 2011 - The Journal of Ethics 15 (1-2):79 - 88.
    According to the main argument in favour of the practice of racial profiling as a low enforcement tactic, the use of race as a targeting factor helps the police to apprehend more criminals. In the following, this argument is challenged. It is argued that, given the assumption that criminals are currently being punished too severely in Western countries, the apprehension of more criminals may not constitute a reason in favour of racial profiling at all.
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  22.  83
    A Theory of Criminal Justice.Hyman Gross - 1979 - Oxford University Press.
  23.  9
    American Criminal Justice Exposed.Christopher Slobogin - 2012 - Criminal Justice Ethics 31 (1):42-52.
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  24.  5
    Academic Dishonesty Amongst Australian Criminal Justice and Policing University Students: Individual and Contextual Factors.Tara Renae McGee & Li Eriksson - 2015 - International Journal for Educational Integrity 11 (1).
    Over the past few decades, a body of research has developed examining the academic dishonesty of university and college students. While research has explored academic dishonesty amongst American criminal justice and policing students, no research has specifically focused on investigating the dynamics and correlates of academic dishonesty amongst Australian criminology students. This study drew upon data obtained from a survey of 79 undergraduate criminal justice and policing students studying at an Australian university. Overall, the results suggest (...)
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  25.  30
    Neuroscience and Criminal Justice: Introduction.Jesper Ryberg - 2014 - The Journal of Ethics 18 (2):77-80.
    This special issue of The Journal of Ethics is devoted to ethical considerations of the use of neuroscience in the criminal justice system. In this introduction, an overview is provided of the different topics dealt with in the volume.
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  26. Social Deprivation and Criminal Justice.Kimberley Brownlee - 2012 - In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.
    This article challenges the use of social deprivation as a punishment, and offers a preliminary examination of the human rights implications of exile and solitary confinement. The article considers whether a human right against coercive social deprivation is conceptually redundant, as there are recognised rights against torture, extremely cruel, inhumane, or degrading treatment as well as rights to basic health care, education, and security, which might encompass what this right protects. The article argues that the right is not conceptually redundant, (...)
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  27.  19
    Criminal Justice and Strict Liability: The Obligation of Society to Punish Only the Guilty.George Schedler & Matthew J. Kelly - 1982 - American Journal of Jurisprudence 27 (1):109-113.
    We argue in this essay that any society that organizes itself to punish criminals should in justice consider itself strictly liable to punish only those who are guilty in fact of the crimes for which they are punished. We argue that justice, not utility, is the basis of the obligation society has not to punish the innocent and that any society that is just would bind itself by statute to compensate the innocents it punishes by mistake. We hope (...)
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  28.  18
    Criminal Justice and Private Enterprise.Stanley S. Kleinberg - 1980 - Ethics 90 (2):270-282.
  29.  10
    Soviet Criminal Justice Evaluation in Lithuanian Immigrants Lawyers Research (article in Lithuanian).Gintaras Šapoka - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (2):455-466.
    In the history of Lithuania during the period between the two world wars, the criminal law sources were received from Russia (Criminal Statute of 1903) and adapted for the requirements of those States, where the conditions of life were notably different from those in Lithuania. The Criminal Statute of 1903 was the main criminal law source in Lithuania until 1940. Prior to the second occupation—the return of the Soviets—tens of thousands of Lithuanian citizens fled to the (...)
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  30.  47
    Are ‘Optimistic’ Theories of Criminal Justice Psychologically Feasible? The Probative Case of Civic Republicanism.Victoria McGeer & Friederike Funk - 2017 - Criminal Law and Philosophy 11 (3):523-544.
    ‘Optimistic’ normative theories of criminal justice aim to justify criminal sanction in terms of its reprobative/rehabilitative value rather than its punitive nature as such. But do such theories accord with ordinary intuitions about what constitutes a ‘just’ response to wrongdoing? Recent empirical work on the psychology of punishers suggests that human beings have a ‘brutely retributive’ moral psychology, making them unlikely to endorse normative theories that sacrifice retribution for the sake of reprobation or rehabilitation; it would mean, (...)
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  31.  15
    Criminal Justice: Local and Global.Deborah Drake, John Muncie & Louise Westmarland (eds.) - 2009 - Willan.
    The book will take instances of 'justice' in one jurisdiction and use global examples to illustrate how ambiguous the concept of 'justice' can be.
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  32.  64
    Legal Risk, Legal Evidence and the Arithmetic of Criminal Justice.Duncan Pritchard - 2018 - Jurisprudence 9 (1):108-119.
    It is argued that the standard way that the criminal justice debate regarding the permissible extent of wrongful convictions is cast is fundamentally flawed. In particular, it is claimed that there is an inherent danger in focussing our attention in this debate on different ways of measuring the probabilistic likelihood of wrongful conviction and then evaluating whether these probabilities are unacceptably high. This is because such probabilistic measures are clumsy ways of capturing the level of risk involved, to (...)
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  33. The Criminal Justice System.C. H. Cilliers - forthcoming - Nexus.
     
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  34.  16
    The Criminal Justice System and Ordeal of Victims of Crime in Nigeria: A Preliminary Observation.K. A. Anele - 2007 - Sophia: An African Journal of Philosophy 8 (2).
  35.  28
    Desert and Fairness in Criminal Justice.Erin I. Kelly - 2012 - Philosophical Topics 40 (1):63-77.
    Moral condemnation has become the public narrative of our criminal justice practices, but the distribution of criminal sanctions is not and should not be guided by judgments of what individual wrongdoers morally deserve. Criteria for evaluating a person’s liability to criminal sanctions are general standards that are influenced by how we understand the relative social urgency and priority of reducing crimes of various types. These standards thus depend on considerations that are not a matter of individual (...)
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  36.  15
    Neuroenhancement, the Criminal Justice System, and the Problem of Alienation.Jukka Varelius - 2020 - Neuroethics 13 (3):325-335.
    It has been suggested that neuroenhancements could be used to improve the abilities of criminal justice authorities. Judges could be made more able to make adequately informed and unbiased decisions, for example. Yet, while such a prospect appears appealing, the views of neuroenhanced criminal justice authorities could also be alien to the unenhanced public. This could compromise the legitimacy and functioning of the criminal justice system. In this article, I assess possible solutions to this (...)
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  37.  10
    Understanding Criminal Justice: A Critical Introduction Azrini Wahidin and Nicola Carr London: Routledge, 2013. 174 Pp. $10.99. [REVIEW]Catherine Fullarton - 2014 - Dialogue 53 (4):775-777.
  38. Criminal Justice and the Negotiated Plea.Kenneth Kipnis - 1976 - Ethics 86 (2):93-106.
  39.  21
    Treatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice.David Birks & Thomas Douglas (eds.) - 2018 - Oxford: Oxford University Press.
    Traditional means of crime prevention, such as incarceration and psychological rehabilitation, are frequently ineffective. This collection considers how crime preventing neurointerventions could present a more humane alternative but, on the other hand, how neuroscientific developments and interventions may threaten fundamental human values.
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  40.  6
    Criminal Justice and the Catholic Church – By Andrew Skotnicki.Ted Grimsrud - 2009 - Modern Theology 25 (2):364-367.
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  41.  66
    Responsibilities of Criminal Justice Officials.Kimberley Brownlee - 2010 - Journal of Applied Philosophy 27 (2):123-139.
    In recent years, political philosophers have hotly debated whether ordinary citizens have a general pro tanto moral obligation to follow the law. Contemporary philosophers have had less to say about the same question when applied to public officials. In this paper, I consider the latter question in the morally complex context of criminal justice. I argue that criminal justice officials have no general pro tanto moral obligation to adhere to the legal dictates and lawful rules of (...)
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  42.  50
    Participatory Democracy and Criminal Justice.Albert W. Dzur - 2012 - Criminal Law and Philosophy 6 (2):115-129.
    This essay asks if there is a role for an active public in ratcheting down the harsh politics of crime control in the United States and the United Kingdom that has led to increased use of the criminal law and greater severity in punishment. It considers two opposing answers offered by political and legal theorists and then begins to develop a participatory democratic framework for institutional reform.
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  43.  5
    Criminal Justice After 9-11: ICC or Military Tribunals.Thomas Mertens - 2004 - In Mark Textor, Andreas Kemmerling & Georg Meggle (eds.), Ethics of Terrorism & Counter-Terrorism. De Gruyter. pp. 281-300.
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  44.  20
    Precis of Rejecting Retributivism: Free Will, Punishment, and Criminal Justice.Gregg D. Caruso - 2022 - Journal of Legal Philosophy 2 (46):120-125.
  45.  8
    Comparative Criminal Justice Goes Global.Paul Roberts - 2008 - Oxford Journal of Legal Studies 28 (2):369-391.
  46.  4
    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 (...)
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  47.  80
    Not Just Deserts: A Republican Theory of Criminal Justice.Nicola Lacey - 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 (...)
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  48.  18
    A Theory of Criminal Justice.Gerald J. Postema - 1981 - Philosophical Review 90 (3):479.
  49.  3
    Algorithms in Practice: Comparing Web Journalism and Criminal Justice.Angèle Christin - 2017 - Big Data and Society 4 (2).
    Big Data evangelists often argue that algorithms make decision-making more informed and objective—a promise hotly contested by critics of these technologies. Yet, to date, most of the debate has focused on the instruments themselves, rather than on how they are used. This article addresses this lack by examining the actual practices surrounding algorithmic technologies. Specifically, drawing on multi-sited ethnographic data, I compare how algorithms are used and interpreted in two institutional contexts with markedly different characteristics: web journalism and criminal (...)
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  50.  76
    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 (...)
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