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Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.

Crime And Punishment, A Global Concern: Who Does It Best And Does Isolation Really Work?, Melanie M. Reid

Melanie M. Reid

On July 8, 2013, 30,000 prisoners in California joined a hunger strike organized by gang members kept in Pelican Bay’s Security Housing Unit and argued that solitary confinement constituted cruel and unusual punishment. As a result of his confinement, one inmate involved in the hunger strike stated that he felt as if all his ties to humanity had been severed. Every country, in some form or another, imprisons and isolates individuals for two common reasons: to punish or to protect society from the person’s anticipated future conduct. This article examines the relationship between crime and punishment and evaluates the four …

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Retribution And The Secondary Aims Of Punishment, Gerard V. Bradley

Gerard V. Bradley

Punishing criminals involves more than visiting unwelcome experiences–the rack, the gallows, confinement, sitting in a corner–upon them. Privations such as these constitute the behavioral substratum, the raw material of punishment. But behaviors such as confinement become the acts that they are, including acts of punishment by confinement, according to the justifying aim(s) which suffuse(s) the behavior. For behaviors such as confinement are ambiguous; limiting another's freedom of movement may be constitutive of a number of different human acts, including quarantine, kidnapping, institutionalization, and imprisonment for crime. Same behavior, different acts. Each of the ends of punishment shapes privations imposed upon …