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Full-Text Articles in Social and Behavioral Sciences
Crime Pays: How Black Americans Became Central To The Carceral State, Will Brooks
Crime Pays: How Black Americans Became Central To The Carceral State, Will Brooks
Honors Theses
Over the course of American history, Black Americans have been intentionally criminalized at moments of ostensible social progress. This legacy of intentional criminalization of minority communities has both created the perception that African Americans are innately criminal and given rise to a prison-industrial complex that now depends on Black bodies. Now, predictive policing technology reinforces perceptions of Black criminality necessary for the justification of the carceral state and the survival and expansion of the prison-industrial complex.
From Honor To Dignity: Criminal Libel, Press Freedom, And Racist Speech In Brazil And The United States, Jan Hoffman French
From Honor To Dignity: Criminal Libel, Press Freedom, And Racist Speech In Brazil And The United States, Jan Hoffman French
Sociology and Anthropology Faculty Publications
Reports on violence against journalists in Brazil have captured media attention and the concern of international organizations such as the Committee to Protect Journalists and Reporters Without Borders. Short of violence, other concerns about press freedom have surfaced, such as the successful assertion by public figures of their right to keep unauthorized biographies out of print. The case presented in this article involves another such concern: the use of criminal defamation laws to punish journalists for criticizing public officials. At the same time, Brazilian media sources regularly report on crimes of racism, which most often involve derogatory name-calling and hate …
Play Fair With Recidivists, Richard Dagger
Play Fair With Recidivists, Richard Dagger
Political Science Faculty Publications
Retributivists thus face a difficult challenge. Either we must go against the social grain, and perhaps our own intuitions, by insisting that a criminal offense carry the same penalty or punishment no matter how many previous convictions an offender has accrued; or we must find a way to justify the recidivist premium. I shall take the second route here by arguing that recidivism itself is a kind of criminal offense. In developing this argument, I shall rely on Youngjae Lee's insightful analysis of "recidivism as omission." I shall complement his analysis, however, by grounding it in a conception of criminal …
Jean Hampton’S Theory Of Punishment: A Critical Appreciation, Richard Dagger
Jean Hampton’S Theory Of Punishment: A Critical Appreciation, Richard Dagger
Political Science Faculty Publications
Jean Hampton’s work first came to my attention in 1984, when the summer issue of Philosophy & Public Affairs appeared in my mailbox. Hampton’s essay in that issue, “The Moral Education Theory of Punishment,” did not persuade me—or many others, I suspect—that “punishment should not be justified as a deserved evil, but rather as an attempt, by someone who cares, to improve a wayward person” (Hampton 1984, 237). The essay did persuade me, though, that moral education is a plausible aim of punishment, even if it is not the “full and complete justification” Hampton claimed it to be (Hampton 1984, …
Republicanism And The Foundations Of Criminal Law, Richard Dagger
Republicanism And The Foundations Of Criminal Law, Richard Dagger
Political Science Faculty Publications
This chapter makes a case for the republican tradition in political philosophy as a theory that can provide a rational reconstruction of criminal law. It argues that republicanism offers a reconstruction of criminal law that is both rational and plausible. In particular, it shows that republicanism can help us to make sense of three important features of criminal law: first, the conviction that crime is a public wrong; second, the general pattern of development of criminal law historically; and third, the public nature of criminal law as a cooperative enterprise. To begin, however, it explains what republicanism is and why …