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  1. Evaluating Restorative Justice Programs.Derek R. Brookes - 1998 - Humanity and Society 22 (I):23-37.
    The human dimensions involved in the operational objectives of Restorative Justice demand the highest quality of program design and staff training. In this paper, I argue that this desideratum has yet to be fully realized in existing Restorative Justice programs, in particular, with regard to the facilitation of reconciliation. I begin by presenting the chief problems associated with the concentration on reparation in Restorative Justice programs, to the neglect of reconciliation. I then argue that this phenomenon is, in part, a (...)
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  2. Technology as Terrorism: Police Control Technologies and Drone Warfare.Jessica Wolfendale - manuscript
    Debates about terrorism and technology often focus on the potential uses of technology by non-state terrorist actors and by states as forms of counterterrorism. Yet, little has been written about how technology shapes how we think about terrorism. In this chapter I argue that technology, and the language we use to talk about technology, constrains and shapes our understanding of the nature, scope, and impact of terrorism, particularly in relation to state terrorism. After exploring the ways in which technology shapes (...)
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  3. Justifying Punishment in Intercultural Contexts: Whose Norms? Which Values?Duncan Ivison - 1999 - In Matt Matravers (ed.), Punishment and Political Theory. Oxford, UK: pp. 88-107.
    An exploration of RA Duff's 'communicative theory of punishment' in contexts of deep legal and cultural pluralism.
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  4. Recent Work on the Proof Paradox.Lewis D. Ross - 2020 - Philosophy Compass 15 (6).
    Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.
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  5. Prison as a Torturous Institution.Jessica Wolfendale - 2020 - Res Philosophica 97 (2):297-324.
    Prison as a Torturous Institution Philosophers working on torture have largely failed to address the widespread use of torture in the U.S. prison system. Drawing on a victim-focused definition of torture, I argue that the U.S. prison system is a torturous institution in which direct torture occurs (the use of solitary confinement) and in which torture is allowed to occur through the toleration of sexual assault of inmates and the conditions of mass incarceration. The use and toleration of torture expresses (...)
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  6. Habeas corpus colectivo, legitimación active y ciudadanía.Romina Rekers - 2015 - la Ley 1 (8):715-725.
    Los excesos cometidos en las políticas de seguridad han conducido a una creciente violación de las libertades individuales. Esto ha hecho que sea cada vez más frecuente la interposición de recursos de hábeas corpus por aquellos que ven arbitrariamente afectada su libertad. Una figura jurídica que debería ser de uso excepcional, y en casos de emergencia, se ha vuelto de uso casi cotidiano . Esto no muestra necesariamente una mala utilización del recurso —aunque puede advertirse en algunos casos cierto abuso (...)
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  7. Justicia transicional epistémica (Transitional epistemic justice).Romina Rekers - 2019
    Los movimientos #MeToo de Hollywood, #YoSiTeCreo de España y #MiraComoNosPonemos de Argentina son el punto de partida de una transición promovida por el movimiento feminista. Esta transición está dirigida a una sociedad justa en la que las mujeres no sean víctimas de violación y acoso que, además, quedan impunes. La perpetración de los males que estos movimientos buscan eliminar ha sido posible hasta ahora, entre otras cosas, dado el déficit de credibilidad que afecta a las mujeres que denuncian tales delitos. (...)
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  8. Just Say No (For Now): The Ethics of Illegal Drug Use.Mathieu Doucet - 2017 - Law Ethics and Philosophy 5:9-29.
    The war on drugs is widely criticized as unjust. The idea that the laws prohibiting drugs are unjust can easily lead to the conclusion that those laws do not deserve our respect, so that our only moral reason to obey them flows from a general moral obligation to obey the law, rather than from anything morally troubling about drug use itself. In this paper, I argue that this line of thinking is mistaken. I begin by arguing that the drug laws (...)
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  9. Krista K. Thomason, Naked: The Dark Side of Shame and Moral Life, Oxford University Press, 2018.Mark Alfano - forthcoming - Criminal Justice Ethics.
    In Naked, Krista K. Thomason offers a multi-faceted account of shame, covering its nature as an emotion, its positive and negative roles in moral life, its association with violence, and its provocation through invitations to shame, public shaming, and stigmatization. Along the way, she reflects on a range of examples drawn from literature, memoirs, journalism, and her own imagination. She also considers alternative views at length, draws a wealth of important distinctions, and articulates many of the most intuitive objections to (...)
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  10. Principio de Lesividad en la cuestión ambiental: el caso Barrio Ituzaingó anexo de la ciudad de Córdoba.Santiago Truccone Borgogno - 2015 - Revista de la Facultad de Derecho: Nueva Serie II (UNC) 2 (6):193-213.
    El presente escrito pretende analizar el principio de lesividad en un concreto ordenamiento legal como es el argentino. Para ello se utilizará al caso “Barrio Ituzaingó anexo de la ciudad de Córdoba”. Se intentarán evaluar los argumentos del tribunal a los fines de dilucidar si son acordes con lo que el ordenamiento constitucional argentino permite. Asimismo, se introducirá un inconveniente -el problema de la no-identidad- el que nos dejará frente a una situación dilemática.
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  11. Pinkerton Short-Circuits the Model Penal Code.Andrew Ingram - 2019 - Villanova Law Review 64 (1):71-99.
    I show that the Pinkerton rule in conspiracy law is doctrinally and morally flawed. Unlike past critics of the rule, I propose a statutory fix that preserves and reforms it rather than abolishing it entirely. As I will show, this accommodates authors like Neil Katyal who have defended the rule as an important crime fighting tool while also fixing most of the traditional problems with it identified by critics like Wayne LaFave. Pinkerton is a vicarious liability rule that makes conspirators (...)
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  12. Should Law Track Morality?Re'em Segev - 2017 - Criminal Justice Ethics 36 (2):205-223.
    Does the moral status of an action provide in itself a non-instrumental, pro-tanto reason for a corresponding legal status – a reason that applies regardless of whether the law promotes a value that is independent of the law, such as preventing wrongdoing or promoting distributive or retributive justice? While the relation between morality and law is a familiar topic, this specific question is typically not considered explicitly. Yet it seems to be controversial and each of the contrasting answers to this (...)
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  13. Willful Ignorance and Self-Deception.Kevin Lynch - 2016 - Philosophical Studies 173 (2):505-523.
    Willful ignorance is an important concept in criminal law and jurisprudence, though it has not received much discussion in philosophy. When it is mentioned, however, it is regularly assumed to be a kind of self-deception. In this article I will argue that self-deception and willful ignorance are distinct psychological kinds. First, some examples of willful ignorance are presented and discussed, and an analysis of the phenomenon is developed. Then it is shown that current theories of self-deception give no support to (...)
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  14. Eine Theorie Nationaler Versöhnung: Einsichten Aus Afrika.Thaddeus Metz - 2016 - Polylog: Forum for Intercultural Philosophy 34 (Supp):219-244.
    German translation by Andreas Rauhut of 'A Theory of National Reconciliation: Some Insights from Africa' (from _Theorizing Transitional Justice_ 2015).
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  15. Reframing Punishment: Making Visible Bodies, Silence and De-Humanisation.Selina Doran (ed.) - forthcoming - Laura Bottell.
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  16. Exchange: Racial and Ethnic Profiling.Mathias Risse, Annabelle Lever & Michael Levin - 2007 - Criminal Justice Ethics 26 (1):3-35.
    In this paper I respond to Mathias Risse's objections to my critique of his views on racial profiling in Philosophy and Public Affairs. I draw on the work of Richard Sampson and others on racial disadvantage in the USA to show that racial profiling likely aggravates racial injustices that are already there. However, I maintain, clarify and defend my original claim against Risse that racial profiling itself is likely to cause racial injustice, even if we abstract from unfair background conditions. (...)
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  17. Crimes Against Minds: On Mental Manipulations, Harms and a Human Right to Mental Self-Determination. [REVIEW]Jan Christoph Bublitz & Reinhard Merkel - 2014 - Criminal Law and Philosophy 8 (1):51-77.
    The neurosciences not only challenge assumptions about the mind’s place in the natural world but also urge us to reconsider its role in the normative world. Based on mind-brain dualism, the law affords only one-sided protection: it systematically protects bodies and brains, but only fragmentarily minds and mental states. The fundamental question, in what ways people may legitimately change mental states of others, is largely unexplored in legal thinking. With novel technologies to both intervene into minds and detect mental activity, (...)
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  18. Social Deprivation and Criminal Justice.Kimberley Brownlee - 2012 - In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.
    This article challenges the use of social deprivation as a punishment, and offers a preliminary examination of the human rights implications of exile and solitary confinement. The article considers whether a human right against coercive social deprivation is conceptually redundant, as there are recognised rights against torture, extremely cruel, inhumane, or degrading treatment as well as rights to basic health care, education, and security, which might encompass what this right protects. The article argues that the right is not conceptually redundant, (...)
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  19. Director, Field Services, Candian Police Information Centre.John Sliter - manuscript
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Policing
  1. The Police Identity Crisis – Hero, Warrior, Guardian, Algorithm.Luke William Hunt - 2021 - New York, NY, USA: Routledge.
    This book provides a comprehensive examination of the police role from within a broader philosophical context. Contending that the police are in the midst of an identity crisis that exacerbates unjustified law enforcement tactics, Luke William Hunt examines various major conceptions of the police—those seeing them as heroes, warriors, and guardians. The book looks at the police role considering the overarching societal goal of justice and seeks to present a synthetic theory that draws upon history, law, society, psychology, and philosophy. (...)
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  2. Police-Generated Killings: The Gap Between Ethics and Law.Ben Jones - forthcoming - Political Research Quarterly.
    This article offers a normative analysis of some of the most controversial incidents involving police—what I call police-generated killings. In these cases, bad police tactics create a situation where deadly force becomes necessary, becomes perceived as necessary, or occurs unintentionally. Police deserve blame for such killings because they choose tactics that unnecessarily raise the risk of deadly force, thus violating their obligation to prioritize the protection of life. Since current law in the United States fails to ban many bad tactics, (...)
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  3. Police-Generated Killings: The Gap Between Ethics and Law.Ben Jones - forthcoming - Political Research Quarterly.
    This article offers a normative analysis of some of the most controversial incidents involving police—what I call police-generated killings. In these cases, bad police tactics create a situation where deadly force becomes necessary, becomes perceived as necessary, or occurs unintentionally. Police deserve blame for such killings because they choose tactics that unnecessarily raise the risk of deadly force, thus violating their obligation to prioritize the protection of life. Since current law in the United States fails to ban many bad tactics, (...)
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  4. The Ethics of Entrapment: A Dirty Hands Problem?Attila Tanyi, Stephen K. McLeod & Daniel J. Hill - manuscript
    In this paper we focus on a possible framework for analysing the morality of legal entrapment (which we define based on our previous work): the dirty-hands model. We take as our starting point Christopher Nathan’s criticism of the model (when applied to undercover policing). We have two aims throughout the paper. Our primary aim is to see if the model applies at all to legal entrapment; our secondary aim is to establish whether, if the model applies, Nathan’s criticism hold for (...)
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  5. Policing, Brutality, and the Demands of Justice.Luke William Hunt - 2021 - Criminal Justice Ethics 40 (1):1-16.
    Why does institutional police brutality continue so brazenly? Criminologists and other social scientists typically theorize about the causes of such violence, but less attention is given to normative questions regarding the demands of justice. Some philosophers have taken a teleological approach, arguing that social institutions such as the police exist to realize collective ends and goods based upon the idea of collective moral responsibility. Others have approached normative questions in policing from a more explicit social-contract perspective, suggesting that legitimacy is (...)
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  6. Intelligence Ethics and Non-Coercive Interrogation.Michael Skerker - 2007 - Defense Intelligence Journal 16 (1):61-76.
    This paper will address the moral implications of non-coercive interrogations in intelligence contexts. U.S. Army and CIA interrogation manuals define non-coercive interrogation as interrogation which avoids the use of physical pressure, relying instead on oral gambits. These methods, including some that involve deceit and emotional manipulation, would be mostly familiar to viewers of TV police dramas. As I see it, there are two questions that need be answered relevant to this subject. First, under what circumstances, if any, may a state (...)
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  7. Profile Evidence, Fairness, and the Risks of Mistaken Convictions.Marcello Di Bello & Collin O’Neil - 2019 - Ethics 130 (2):147-178.
    Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why admitting other (...)
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  8. Can Capital Punishment Survive If Black Lives Matter?Michael Cholbi & Alex Madva - forthcoming - In Michael Cholbi, Brandon Hogan, Alex Madva & Benjamin Yost (eds.), The Movement for Black Lives: Philosophical Perspectives. New York:
    Drawing upon empirical studies of racial discrimination dating back to the 1940’s, the Movement for Black Lives platform calls for the abolition of capital punishment. Our purpose here is to defend the Movement’s call for death penalty abolition in terms congruent with its claim that the death penalty in the U.S. is a “racist practice” that “devalues Black lives.” We first sketch the jurisprudential history of race and capital punishment in the U.S., wherein courts have occasionally expressed worries about racial (...)
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  9. Implicit Attitudes and the Ability Argument.Wesley Buckwalter - 2019 - Philosophical Studies 176 (11):2961-2990.
    According to one picture of the mind, decisions and actions are largely the result of automatic cognitive processing beyond our ability to control. This picture is in tension with a foundational principle in ethics that moral responsibility for behavior requires the ability to control it. The discovery of implicit attitudes contributes to this tension. According to the ability argument against moral responsibility, if we cannot control implicit attitudes, and implicit attitudes cause behavior, then we cannot be morally responsible for that (...)
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  10. Reparations for Police Killings.Jennifer Page - 2019 - Perspectives on Politics 17 (4):958-972.
    After a fatal police shooting in the United States, it is typical for city and police officials to view the family of the deceased through the lens of the law. If the family files a lawsuit, the city and police department consider it their legal right to defend themselves and to treat the plaintiffs as adversaries. However, reparations and the concept of “reparative justice” allow authorities to frame police killings in moral rather than legal terms. When a police officer kills (...)
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  11. Ice Cube and the Philosophical Foundations of Community Policing.Luke William Hunt - 2019 - Oxford University Press Blog.
    Essay on police legitimacy through public reason and community policing.
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  12. Liberalism and Policing: The State We're In.Luke William Hunt - 2018 - In the Long Run (University of Cambridge).
    Short online essay on the state of policing in liberal societies, discussing how executive discretionary power has grown to such a degree that it has trended toward illiberal practices and policies.
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  13. Informants, Police, and Unconscionability.Luke William Hunt - 2018 - Institute of Art and Ideas (IAI Online Magazine).
    Essay exploring the extent to which certain agreements between the police and informants are an affront (both procedurally and substantively) to basic tenets of the liberal tradition in legal and political philosophy.
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  14. The Concept of Entrapment.Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - 2018 - Criminal Law and Philosophy 12 (4):539-554.
    Our question is this: What makes an act one of entrapment? We make a standard distinction between legal entrapment, which is carried out by parties acting in their capacities as (or as deputies of) law- enforcement agents, and civil entrapment, which is not. We aim to provide a definition of entrapment that covers both and which, for reasons we explain, does not settle questions of permissibility and culpability. We explain, compare, and contrast two existing definitions of legal entrapment to commit (...)
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  15. The Retrieval of Liberalism in Policing.Luke William Hunt - 2019 - New York, NY, USA: Oxford University Press.
    There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in which (...)
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  16. The Contradiction of Crimmigation.José Jorge Mendoza - 2018 - APA Newsletter on Hispanic/Latino Issues in Philosophy 17 (2):6-9.
    This essay argues that we should find Crimmigration, which is the collapsing of immigration law with criminal law, morally problematic for three reasons. First, it denies those who are facing criminal penalties important constitutional protections. Second, it doubly punishes those who have already served their criminal sentence with an added punishment that should be considered cruel and unusual (i.e., indefinite imprisonment or exile). Third, when the tactics aimed at protecting and serving local communities get usurped by the federal government for (...)
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  17. Cops, Cameras and the Policing of Ethics.Meg Stalcup & Charles Hahn - 2016 - Theoretical Criminology 20 (4):482-501.
    In this article, we explore some of the roles of cameras in policing in the United States. We outline the trajectory of key new media technologies, arguing that cameras and social media together generate the ambient surveillance through which graphic violence is now routinely captured and circulated. Drawing on Michel Foucault, we suggest that there are important intersections between this video footage and police subjectivity, and propose to look at two: recruit training at the Washington state Basic Law Enforcement Academy (...)
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  18. Breaking Laws to Fix Broken Windows: A Revisionist Take on Order Maintenance Policing.Andrew Ingram - 2014 - Berkeley Journal of Criminal Law 19 (2):112-152.
    Today, there is a family of celebrated police strategies that teach the importance of cracking down on petty crime and urban nuisance as the key to effective crime control. Under the “broken windows” appellation, this strategy is linked in the public mind with New York City and the alleged successes of its police department in reducing the rate of crime over the past two decades. This paper is critical of such order maintenance approaches to policing: I argue that infringements of (...)
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  19. Policing Uncertainty: On Suspicious Activity Reporting.Meg Stalcup - 2015 - In Rabinow Simimian-Darash (ed.), Modes of Uncertainty: Anthropological Cases. University of Chicago. pp. 69-87.
    A number of the men who would become the 9/11 hijackers were stopped for minor traffic violations. They were pulled over by police officers for speeding or caught by random inspection without a driver’s license. For United States government commissions and the press, these brushes with the law were missed opportunities. For some police officers though, they were of personal and professional significance. These officers replayed the incidents of contact with the 19 men, which lay bare the uncertainty of every (...)
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  20. Gun Control: A European Perspective.Vincent C. Müller - 2015 - Essays in Philosophy 16 (2):247-261.
    From a European perspective the US debate about gun control is puzzling because we have no such debate: It seems obvious to us that dangerous weapons need tight control and that ‘guns’ fall under that category. I suggest that this difference occurs due to different habits that generate different attitudes and support this explanation with an analogy to the habits about knives. I conclude that it is plausible that individual knife-people or gun-people do not want tight regulatory legislation—but tight knife (...)
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  21. Time and Crime: Which Cold-Case Investigations Should Be Reheated.Jonathan A. Hughes & Monique Jonas - 2015 - Criminal Justice Ethics 34 (1):18-41.
    Advances in forensic techniques have expanded the temporal horizon of criminal investigations, facilitating investigation of historic crimes that would previously have been considered unsolvable. Public enthusiasm for pursuing historic crimes is exemplified by recent high-profile trials of celebrities accused of historic sexual offences. These circumstances give new urgency to the question of how we should decide which historic offences to investigate. A satisfactory answer must take into account the ways in which the passage of time can erode the benefits of (...)
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  22. Exchange: Racial and Ethnic Profiling.Mathias Risse, Annabelle Lever & Michael Levin - 2007 - Criminal Justice Ethics 26 (1):3-35.
    In this paper I respond to Mathias Risse's objections to my critique of his views on racial profiling in Philosophy and Public Affairs. I draw on the work of Richard Sampson and others on racial disadvantage in the USA to show that racial profiling likely aggravates racial injustices that are already there. However, I maintain, clarify and defend my original claim against Risse that racial profiling itself is likely to cause racial injustice, even if we abstract from unfair background conditions. (...)
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  23. Police Ethics.Mark A. Lauchs - 2012 - In Peter Bowden (ed.), Applied Ethics: Strengthening Ethical Practices. pp. 167--176.
    POLICE ETHICS – Abstract Mark Lauchs -/- Police are an essential part of the justice system. They are the frontline actors in keeping the peace, social stability and cohesion. Thus good governance relies on honest policing. However, there will always be at least a small group of corrupt police officers, even though Australians are culturally averse to corruption (Khatri, Tsang, & Begley, 2006). There have been many cases where the allegations of police corruption have reached to the highest levels of (...)
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  24. Privacy, Democracy, and Security.Annabelle Lever - 2013 - The Philosophers' Magazine 63:99-105.
    It is especially hard, at present, to read the newspapers without emitting a howl of anguish and outrage. Philosophy can heal some wounds but, in this case, political action may prove a better remedy than philosophy. It can therefore feel odd trying to think philosophically about surveillance at a time like this, rather than joining with like-minded people to protest the erosion of our civil liberties, the duplicity of our governments, and the failings in our political institutions - including our (...)
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  25. Enforcing the Sexual Laws: An Agenda for Action.Lucinda Vandervort - 1985 - Resources for Feminist Research 3 (4):44-45.
    Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length in (...)
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  26. The Art of the Unseen: Three Challenges for Racial Profiling.Frej Klem Thomsen - 2011 - The Journal of Ethics 15 (1-2):89 - 117.
    This article analyses the moral status of racial profiling from a consequentialist perspective and argues that, contrary to what proponents of racial profiling might assume, there is a prima facie case against racial profiling on consequentialist grounds. To do so it establishes general definitions of police practices and profiling, sketches out the costs and benefits involved in racial profiling in particular and presents three challenges. The foundation challenge suggests that the shifting of burdens onto marginalized minorities may, even when profiling (...)
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  27. What's Wrong with Racial Profiling? Another Look at the Problem.Annabelle Lever - 2007 - Criminal Justice Ethics 26 (1):20-28.
    According to Mathias Risse and Richard Zeckhauser, racial profiling can be justified in a society, such as the contemporary United States, where the legacy of slavery and segregation is found in lesser but, nonetheless, troubling forms of racial inequality. Racial profiling, Risse and Zeckhauser recognize, is often marked by police abuse and the harassment of racial minorities and by the disproportionate use of race in profiling. These, on their view, are unjustified. But, they contend, this does not mean that all (...)
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  28. Regulating Police Use of Deadly Force.Roger Wertheimer - 1982 - In N. Bowie & F. Elliston (eds.), Ethics, Public Policy and Criminal Justice. Oelgeschalger, Gunn & Hain. pp. 93--109.
    What should be a police department's policies and regulations on the use of deadly force? What is the relevance for this of the state law on capital punishment?
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  29. Are the Police Necessary?Roger Wertheimer - 1975 - In E. Viano & J. Reiman (eds.), The Police in Society. D.C. Heath.
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Punishment
  1. Restorative Justice and Work-Related Death: Consultation Report.Derek R. Brookes - manuscript
    This Consultation Report was part of a wider project that aimed to explore the feasibility of a restorative justice service in the context of work-related deaths in Victoria, the first part of which involved a Literature Review. The aim of this Report was: (1) To present the responses that were received in the consultation process. (2) To identify the views of individuals, drawn from key stakeholder groups, on the project's three working hypotheses. (3) To make a set of recommendations, based (...)
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  2. Blame Without Punishment for Addicts.Prabhpal Singh - forthcoming - Philosophia:1-11.
    On the moral model of addiction, addicts are morally responsible and blameworthy for their addictive behaviours. The model is sometimes resisted on the grounds that blaming addicts is incompatible with treating addiction in a compassionate and non-punitive way. I argue the moral model is consistent with addressing addiction compassionately and non-punitively and better accounts for both the role of addicts’ agency in the recovery process. If an addict is responsible for their addictive behaviours, and that behaviour is in some way (...)
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