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Articles 1 - 12 of 12
Full-Text Articles in Entire DC Network
Antara Menghukum Atau Mempermalukan: Suatu Upaya Memodifikasi Perilaku (Pengalaman 6 Smu Di Depok, Jawa Barat), Adrianus Meliala
Antara Menghukum Atau Mempermalukan: Suatu Upaya Memodifikasi Perilaku (Pengalaman 6 Smu Di Depok, Jawa Barat), Adrianus Meliala
Makara Human Behavior Studies in Asia
Such dilemma between guilt and shameful has been an interesting topic in the field of social psychology since few times ago. That dilemma persists when discussing social control, self-control, individual moral values, moral standard, cross-cultural influence as well as education-related setting. It is predicted, the one which is more influential, whether guilt aspect or shameful aspect, will one way or another influence the way somebody’s behavior can be modified. This study investigates such tendency which prevails in public schools especially performed by pupils when treating their student’s misconduct. Research question forwarded is whether they exploit punishment or to create shaming …
Taking The Punishment Out Of The Process: From Substantive Criminal Justice Through Procedural Justice To Restorative Justice, Brenda Sims Blackwell, Clark D. Cunningham
Taking The Punishment Out Of The Process: From Substantive Criminal Justice Through Procedural Justice To Restorative Justice, Brenda Sims Blackwell, Clark D. Cunningham
Law and Contemporary Problems
If the punishment is taken out of the process, and the processes of criminal justice become effective at restoration--and if rigorous empirical research might show that a restorative process costs less money and produces greater public safety--that would be a result everyone would embrace.
State, Be Not Proud: A Retributivist Defense Of The Commutation Of Death Row And The Abolition Of The Death Penalty, Dan Markel
ExpressO
In the aftermath of Governor Ryan's decision last year to commute the sentences of each offender on Illinois' death row, various scholars have claimed that Ryan’s action was a “grave injustice” and, from a retributivist perspective, “an unmitigated moral disaster.” This Article contests that position, showing not only why a commutation of death row is permitted under principles of retributive justice, but also why it might be required. When properly understood, retributive justice, in its commitment to moral accountability and equal liberty, hinges on modesty and dignity in modes of punishment. In this vein, retributivism opposes the apparently ineluctable slide …
Left Out, Louis Michael Seidman
Left Out, Louis Michael Seidman
Law and Contemporary Problems
Seidman presents information on the collapse of the progressive left's position on criminal justice. The faltering of the left in this area is due to inherent contradictions in their position which have weakened their stance overall.
Does Criminal Law Deter? A Behavioral Science Investigation, Paul H. Robinson
Does Criminal Law Deter? A Behavioral Science Investigation, Paul H. Robinson
All Faculty Scholarship
Having a criminal justice system that imposes sanctions no doubt does deter criminal conduct. But available social science research suggests that manipulating criminal law rules within that system to achieve heightened deterrence effects generally will be ineffective. Potential offenders often do not know of the legal rules. Even if they do, they frequently are unable to bring this knowledge to bear in guiding their conduct, due to a variety of situational, social, or chemical factors. Even if they can, a rational analysis commonly puts the perceived benefits of crime greater than its perceived costs, due to a variety of criminal …
"Democratic Despotism" And Constitutional Constraint: An Empirical Analysis Of Ex Post Facto Claims In State Courts, Wayne A. Logan
"Democratic Despotism" And Constitutional Constraint: An Empirical Analysis Of Ex Post Facto Claims In State Courts, Wayne A. Logan
Scholarly Publications
This Article explores the history of the Ex Post Facto Clause, including the Supreme Court's seminal 1798 decision in Calder v. Bull, and analyzes the results of a survey of ex post facto claims decided in state courts from 1992-2002, the first study to catalog the types of claims generated among the states, and the institutional response of state courts to them. The author provides an overview of the claims resolved in state courts, examining the nature of the laws challenged, how the challenges fared, and the rationales used by courts in their dispositions. Discussion focuses on two abiding …
How Ohio V. Talty Provided For Future Bans On Procreation And The Consequences That Action Brings: Ohio V. Talty: Hiding In The Shadow Of The Supreme Court Of Wisconsin, Evelyn Holmer
Journal of Law and Health
This Note discusses the constitutionality of antireproduction restrictions as they relate to the purposes and goals of probation, in the context of the Talty, Oakley, and Tramnell decisions. This Note addresses the ramifications and implications of these restrictions in relation to the deadbeat parent crisis, and it proposes more adequate means to accomplish the competing goals of child welfare and adherence to constitutional doctrine. Section II introduces and dissects the fundamental right to procreate as it is found under two concepts: the right itself and the right to privacy. Section III discusses the purposes of probation, generally, and articulates two …
The Selfish Nature Of Generosity: Harassment And Food Sharing In Primates, Jeffrey R. Stevens
The Selfish Nature Of Generosity: Harassment And Food Sharing In Primates, Jeffrey R. Stevens
Jeffrey Stevens Publications
Animals may share food to gain immediate or delayed fitness benefits. Previous studies of sharing have concentrated on delayed benefits such as reciprocity, trade and punishment. This study tests an alternative model (the harassment or sharing–under–pressure hypothesis) in which a food owner immediately benefits because sharing avoids costly harassment from a beggar. I present an experiment that varies the potential ability of the beggar to harass, and of the owner to defend the food, to examine the effects of harassment on food sharing in two primate species: chimpanzees (Pan troglodytes) and squirrel monkeys (Saimiri boliviensis). For …
Punishment Evidence: Grunsfeld Ten Years Later., Edward L. Wilkinson
Punishment Evidence: Grunsfeld Ten Years Later., Edward L. Wilkinson
St. Mary's Law Journal
This Article deals with the admissible evidence during the punishment phase of a non-capital trial in Texas. In 1989, the Texas Legislature amended Article 37.07, Section 3(a) of the Texas Code of Criminal Procedure to widen the scope of evidence admissible during the punishment phase of a non-capital trial. Grunsfel v. State, the leading case, the Court of Criminal Appeals interpreted the statute so narrowly as to render the changes meaningless. In 1993, the legislature amended the statute a second time; it provided for a more expansive range of evidence to be introduced, but deleted a critical definition of what …
Good Guys And Bad Guys: Punishing Character, Equality And The Irrelevance Of Moral Character To Criminal Punishment, Ekow Yankah
Good Guys And Bad Guys: Punishing Character, Equality And The Irrelevance Of Moral Character To Criminal Punishment, Ekow Yankah
Articles
No abstract provided.
"Predictive Justice"?: Simmons V. Roper And The Possible End Of The Juvenile Death Penalty, S. Starling Marshall
"Predictive Justice"?: Simmons V. Roper And The Possible End Of The Juvenile Death Penalty, S. Starling Marshall
Fordham Law Review
No abstract provided.
The Burdens Of Representing The Accused In An Age Of Harsh Punishment, Abbe Smith
The Burdens Of Representing The Accused In An Age Of Harsh Punishment, Abbe Smith
Georgetown Law Faculty Publications and Other Works
Defenders bear witness to an awful social experiment gone awry. Punishment has taken the place of every other intervention because it is so simple. It divides the world neatly into good people and bad, the worthy and unworthy, victims and perpetrators. Once we punish the bad, the unworthy, the perpetrators, the rest of us can rest easy. We can say that we are different from them. We can wag our finger at them and assert our moral superiority. In this social and political climate, hardly anyone ever asks why. Why did this man or woman end up this way? What …