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Articles 1 - 10 of 10
Full-Text Articles in Criminology
Interpretation's Contrapuntal Pathways: Addams And The Averbuch Affair, Marilyn Fischer
Interpretation's Contrapuntal Pathways: Addams And The Averbuch Affair, Marilyn Fischer
Philosophy Faculty Publications
In March 1908 the Chicago Police Chief shot Lazarus Averbuch, a young, Russian Jewish immigrant, claiming self-defense against an anarchist plot. Jane Addams refused to join the public's outcry of support for their chief, declaring that she had the obligation to interpret rather than denounce the incident. Her analysis of Averbuch's killing, given in her essay, ““The Chicago Settlements and Social Unrest,”” provides a focal point for seeing how interpretation functions as a unifying theoretical category for Addams, bringing together her activism, her style of writing, and her philosophy of social change. Addams's conception of interpretation is multi-faceted and dynamic; …
Primetime Crime And Its Influence On Public Perception, Katherine E. Stott
Primetime Crime And Its Influence On Public Perception, Katherine E. Stott
Senior Honors Projects
Since the television became more readily available to the American public in the 1940s and 50s, television shows have captured the attention of the nation. While television programs and televisions themselves have changed since then there are a few constants, one being the continued popularity of crime shows. From Sunday to Saturday during ‘prime time’ on just the four major networks, there are over fifteen hours of crime programming. The shows aim to entertain, leading them to show many inaccuracies about crime and the justice system in America. Studies have shown that most white Americans receive their information about crime …
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, …
Comments On [Israeli] Proposal For Structuring Judicial Discretion In Sentencing, Paul H. Robinson
Comments On [Israeli] Proposal For Structuring Judicial Discretion In Sentencing, Paul H. Robinson
All Faculty Scholarship
In this essay, Professor Robinson supports the current Israeli proposal for structuring judicial discretion in sentencing, in particular its reliance upon desert as the guiding principle for the distribution of punishment, its reliance upon benchmarks, or “starting-points,” to be adjusted in individual cases by reference to articulated mitigating and aggravating circumstances, and the proposal’s suggestion to use of an expert committee to draft the original guidelines.
Exploiting Borders: The Political Economy Of Local Backlash Against Undocumented Immigrants, Jamie Longazel, Benjamin Fleury-Steiner
Exploiting Borders: The Political Economy Of Local Backlash Against Undocumented Immigrants, Jamie Longazel, Benjamin Fleury-Steiner
Sociology, Anthropology, and Social Work Faculty Publications
Four years prior to Arizona's passage of one of the most far-reaching pieces of anti-Latino immigrant legislation signed into law in decades,3 demands to "seal off the border"4 were being made thousands of miles from the U.S.-Mexico divide. In 2006, Hazleton, Pennsylvania, passed equally harsh legislation aimed at keeping undocumented immigrants out of their community. During this time, commentators described the local backlash in Hazleton and other small cities across the United States as akin to "the opening of a deep and profound fissure in the American landscape" 5 wherein "all immigration politics is local." 6 Yet, as the so-called …
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 …
Provocation Manslaughter As Partial Justification And Partial Excuse, Mitchell N. Berman, Ian Farrell
Provocation Manslaughter As Partial Justification And Partial Excuse, Mitchell N. Berman, Ian Farrell
All Faculty Scholarship
The partial defense of provocation provides that a person who kills in the heat of passion brought on by legally adequate provocation is guilty of manslaughter rather than murder. It traces back to the twelfth century, and exists today, in some form, in almost every U.S. state and other common law jurisdictions. But long history and wide application have not produced agreement on the rationale for the doctrine. To the contrary, the search for a coherent and satisfying rationale remains among the main occupations of criminal law theorists. The dominant scholarly view holds that provocation is best explained and defended …
Mercy, Crime Control, And Moral Credibility, Paul H. Robinson
Mercy, Crime Control, And Moral Credibility, Paul H. Robinson
All Faculty Scholarship
If, in the criminal justice context, "mercy" is defined as forgoing punishment that is deserved, then much of what passes for mercy is not. Giving only minor punishment to a first-time youthful offender, for example, might be seen as an exercise of mercy but in fact may be simply the application of standard blameworthiness principles, under which the offender's lack of maturity may dramatically reduce his blameworthiness for even a serious offense. Desert is a nuanced and rich concept that takes account of a wide variety of factors. The more a writer misperceives desert as wooden and objective, the more …
The Myth Of The Fully Informed Rational Actor, Stephanos Bibas
The Myth Of The Fully Informed Rational Actor, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas
Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas
All Faculty Scholarship
No abstract provided.