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This book seeks to explain why the concept of justice is critical to the study of criminal justice. Heffernan makes such a case by treating state-sponsored punishment as the defining feature of criminal justice. In particular, this work accounts for the state’s role as a surrogate for victims of wrongdoing, and so makes it possible to integrate victimology scholarship into its justice-based framework. In arguing that punishment may be imposed only for wrongdoing, the book proposes a criterion for repudiating the legal paternalism that informs drug-possession laws. Rethinking the Foundations of Criminal Justice outlines steps for taming the state’s power to punish offenders; in particular, it draws on restorative justice research to outline possibilities for a penology that emphasizes offenders’ humanity. Through its examination of equality issues, the book integrates recent work on the social justice/criminal justice connection into the scholarly literature on punishment, and so will particularly appeal to those interested in criminal justice theory.
Dimensions of Justice: Ethical Issues in the Administration of Criminal Law is the only textbook of its kind that addresses these questions of justice from an institutional perspective. Thought-provoking features, including Thought Experiments boxes that present imagined scenarios to illustrate the principles under discussion and Justice in Context boxes that consider the real-life applications of concepts, along with clearly presented learning objectives, create a strong foundation in key concepts, pertinent vocabulary, and critical-thinking and reasoning skills. Readers are introduced to moral reasoning and the underpinnings of philosophical approaches to justice, including readings from critical philosophers such as Aristotle, Augustine, Locke, Kant, and Rawls.
This book explains a paradox in American constitutional law: how a right not discussed during the ratification debates at Philadelphia and not mentioned in the text has become a core component of modern freedom. Rather, privacy is a constitutional afterthought that has gained force through modern interpretations of an old text. Heffernan defends privacy rights against originalist objections to its inclusion in modern constitutional doctrine, analyzes the structure of privacy claims, and provides a blueprint for protecting privacy against government incursion. The book will appeal to a wide audience of students and researchers of criminal procedure, constitutional history, law-and-society, an...
The economically deprived come into contact with the criminal court system in disproportionate number. This collection of original, interactive essays, written from a variety of ideological perspectives, explores some of the more troubling questions and ethical dilemmas inherent in this situation. The contributors, including well-known legal and political philosophers Philip Pettit, George Fletcher, and Jeremy Waldron, examine issues such as heightened vulnerability, indigent representation, and rotten social background defenses.
Further Reading; Notes; Chapter 9 Transitional Justice: New Democracies Grapple with Their Past; Coming to Terms with the Past: Justice vs. National Reconciliation; The Problem of Punishment; Corrective Justice for Victims of Human Rights Abuses; Summary; Further Reading; Notes; Chapter 10 The Right to be Let Alone: Determining the Scope of Personal Freedom; The Harm Principle; Paternalism; Harm to Third Parties; Moral Relativism and the Diversity of Human Practices; The Possibility of an Offense Principle; Summary; Further Reading; Notes; Part 3 Doing Justice Within the Law.
The contributors explore the ethical issues that must be confronted in identifying corruption, as well as address some of the ethical issues that challenge attempts to root out corruption."--Jacket.
This book offers the fullest, most rigorous and up-to-date treatment of police ethics currently available.
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This title looks at the extensive research on the topic of leadership and concludes by suggesting certain simple but fundamental rules - or "Golden Rules" - for police leaders.