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Mental Illness, Police Power Interventions, And The Expressive Functions Of Punishment, Robert F. Schopp

Robert F Schopp

The state exercises coercive force under the police power to protect the public order, security, and justice. When individuals who manifest significant psychological impairment harm or endanger others, police power interventions can involve several different institutional structures within the criminal justice system or the alternative institution of civil commitment. The analysis presented in this paper draws attention to the significance of the expressive functions of criminal punishment in selecting the most justified institutional structures for police power interventions intended to prevent impaired individuals from harming others. These functions arguably carry important implications for impaired individuals who harm or endanger others, …

Preventing Sex-Offender Recidivism Through Therapeutic Jurisprudence Approaches And Specialized Community Integration, Michael L. Perlin

Michael L Perlin

Preventing Sex-Offender Recidivism Through Therapeutic Jurisprudence Approaches and Specialized Community Integration

Abstract

The public’s panic about the fear of recidivism if adjudicated sex offenders are ever to be released to the community has not subsided, despite the growing amount of information and statistically-reliable data signifying a generally low risk of re-offense. The established case law upholding sex offender civil commitment and containment statutes has rejected challenges of unconstitutionality, and continues to be dominated by punitive undertones. We have come to learn that the tools used to assess offenders for risk and civil commitment still have indeterminate accuracy, and that the …

The Effects Of Culture And Friendship On Rewarding Honesty And Punishing Deception, Cynthia S. Wang, Angela K.-Y. Leung, M. See, X. Gu

Ka Yee Angela LEUNG

The present research explores whether the type of relationship one holds with deceptive or honest actors influences cross-cultural differences in reward and punishment. Research suggests that Americans reward honest actors more than they punish deceptive perpetrators, whereas East Asians reward and punish equally (Wang & Leung, 2010). Our research suggests that the type of relationship with the actor matters for East Asians, but not for Americans. East Asians exhibit favoritism toward their friends by rewarding more than punishing them, but reward and punish equally when the actors are strangers (Experiment 1 and 2); Americans reward more than they punish regardless …

Restorative Justice In Islam: Should Qisas Be Considered A Form Of Restorative Justice?, Susan C. Hascall

Susan C. Hascall

The restorative justice movement challenges conventional approaches to sentencing and punishment by involving the victim, community, and perpetrator in sentencing. The movement is characterized by an emphasis on the restoration of relationships, healing and rehabilitation. Like the restorative justice movement, Islamic law embraces a conception of justice that involves healing relationships. Shari’ah, the religious law of Islam, is based on Islamic teachings on justice and divine revelation. In classical Shari’ah jurisprudence, crimes are divided into several categories, which do not easily correspond to the categories defined in modern Western law. One of these categories, the crimes of qisas, is distinctive …