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  1. added 2019-06-08
    Is Preventive Detention Morally Worse Than Quarantine?Thomas Douglas - 2019 - In Jan W. De Keijser, Julian Roberts & Jesper Ryberg (eds.), Predictive Sentencing: Normative and Empirical Perspectives. London: Hart Publishing.
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  2. added 2018-09-21
    Coercion and the Neurocorrective Offer.Jonathan Pugh - forthcoming - In David Rhys Birks & Thomas Douglas (eds.), reatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice. Oxford, UK:
    According to what Douglas calls ‘the consent requirement’, neuro-correctives can only permissibly be provided with the valid consent of the offender who will undergo the intervention. Some of those who endorse the consent requirement have claimed that even though the requirement prohibits the imposition of mandatory neurocorrectives on criminal offenders, it may yet be permissible to offer offenders the opportunity to consent to undergoing such an intervention, in return for a reduction to their penal sentence. I call this the neurocorrective (...)
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  3. added 2017-11-28
    A New Societal Self-Defense Theory of Punishment—The Rights-Protection Theory.Hsin-Wen Lee - 2018 - Philosophia 46 (2):337-353.
    In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right, I show that what we call “the right of self-defense” is actually composed of the right to protect our basic rights. The right of self-defense is not a single, self-standing right but a group of derivative rights justified by their contribution to the protection of the core, basic rights. Thus, these rights of self-defense are both justified and constrained (...)
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  4. added 2017-10-31
    Imprisonment and the Right to Freedom of Movement.Robert C. Hughes - 2018 - In Chris W. Surprenant (ed.), Rethinking Punishment in the Era of Mass Incarceration. New York, USA: Routledge. pp. 89-104.
    Government’s use of imprisonment raises distinctive moral issues. Even if government has broad authority to make and to enforce law, government may not be entitled to use imprisonment as a punishment for all the criminal laws it is entitled to make. Indeed, there may be some serious crimes that it is wrong to punish with imprisonment, even if the conditions of imprisonment are humane and even if no adequate alternative punishments are available.
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  5. added 2017-08-03
    Neuro-Interventions as Criminal Rehabilitation: An Ethical Review.Jonathan Pugh & Thomas Douglas - 2017 - In Jonathan D. Jacobs & Jonathan Jackson (eds.), The Routledge Handbook of Criminal Justice Ethics. London: Routledge.
    According to a number of influential views in penal theory, 1 one of the primary goals of the criminal justice system is to rehabilitate offenders. Rehabilitativemeasures are commonly included as a part of a criminal sentence. For example, in some jurisdictions judges may order violent offenders to attend anger management classes or to undergo cognitive behavioural therapy as a part of their sentences. In a limited number of cases, neurointerventions — interventions that exert a direct biological effect on the brain (...)
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  6. added 2017-08-02
    Risk Assessment Tools in Criminal Justice and Forensic Psychiatry: The Need for Better Data.Thomas Douglas, Jonathan Pugh, Illina Singh, Julian Savulescu & Seena Fazel - 2017 - European Psychiatry 42:134-137.
    Violence risk assessment tools are increasingly used within criminal justice and forensic psychiatry, however there is little relevant, reliable and unbiased data regarding their predictive accuracy. We argue that such data are needed to (i) prevent excessive reliance on risk assessment scores, (ii) allow matching of different risk assessment tools to different contexts of application, (iii) protect against problematic forms of discrimination and stigmatisation, and (iv) ensure that contentious demographic variables are not prematurely removed from risk assessment tools.
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  7. added 2017-04-15
    Toward an Account of Intolerance: Between Prison Resistance and Engaged Scholarship.Perry Zurn - 2017 - The Carceral Notebooks 12:97-128.
    The word “intolerance” bears almost exclusively negative connotations. It is treated invariably, almost ideologically as a vice. What would it mean to reconceive of intolerance as a virtue—or, at the very least, a positive affect? In this essay, I analyze two complementary archives of positive intolerance: the records of the Prisons Information Group (the GIP) and the writings of one of its members: Michel Foucault. For the GIP, intolerance—as a militant refusal of intolerable material and political conditions—is essential to the (...)
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  8. added 2017-01-11
    Are There Expressive Limits on Incarceration?Bill Wringe - 2017 - In Chris Surprenant (ed.), Policing and Punishment: Philosophical Problems and Policy Solutions. Routledge.
    I shall argue that advocates of denunciatory forms of expressivism can make a good case for restricting the range of measures that can be an appropriate form of punishment. They can do so by focusing not on the conditions of uptake of the message conveyed by punishment, but by the content of that message. For it is plausible that part of that message should be that the offender is a responsible agent and a member of the political community. Forms of (...)
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  9. added 2017-01-08
    The Case Against Forced Methadone Detox in the US Prisons.Daniel D’Hotman, Jonathan Pugh & Thomas Douglas - forthcoming - Public Health Ethics:phw040.
    Methadone maintenance therapy is a cost-effective, evidence-based treatment for heroin dependence. In the USA, a majority of heroin-dependent offenders are forced to detox from methadone when incarcerated. Recent research published in The Lancet has demonstrated the negative health and economic outcomes associated with such policies. Methadone Continuation Versus Forced Withdrawal on Incarceration in a Combined US Prison and Jail: A Randomised, Open Label Trial. The Lancet, 386, 350–359). This novel evidence raises questions as to the justification for current policies of (...)
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  10. added 2015-05-14
    Reprobation as Shared Inquiry: Teaching the Liberal Arts in Prison.Joshua A. Miller & Daniel Harold Levine - 2015 - Radical Philosophy Review 18 (2):287-308.
    Respect for victims requires that we have social systems for punishing and condemning (reproving) serious crimes. But, the conditions of social marginalization and political subordination of the communities from which an overwhelming number of prisoners in the United States come place serious barriers in the face of effective reprobation. Mass incarceration makes this problem worse by disrupting and disrespecting entire communities. While humanities education in the prisons is far from a total solution, it is one way to make reprobation meaningful, (...)
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  11. added 2015-04-15
    Punishment, Desert, and Equality: A Levinasian Analysis.Benjamin S. Yost - 2015 - In Lisa Guenther, Geoffrey Adelsberg & Zeman Scott (eds.), Death and Other Penalties: Philosophy in a Time of Mass Incarceration. Fordham UP.
    The first part of this chapter defends the claim that the over-incarceration of disadvantaged social groups is unjust. Many arguments for penal reform are based on the unequal distribution of punishment, most notably disproportionate punishment of the poor and people of color. However, some philosophers use a noncomparative conception of desert to argue that the justice of punishment is independent of its distribution. On this view, which has significant influence in 14th Amendment jurisprudence, unequal punishment is not unjust. After detailing (...)
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  12. added 2015-02-07
    Denying Pell Grants to Prisoners: Race, Class, and the Philosophy of Mass Incarceration.Jason L. Mallory - 2015 - International Social Science Review 90 (1).
    This paper asks whether prisoners should have access to Pell Grants, for which they are currently ineligible. In the first section, the author considers philosophical arguments relating to the present ban by examining traditional concerns of deterrence, rehabilitation, and retribution. The second section explores two arguments against a more inclusive Pell Grant policy. In the third section the author argues that restoring higher education grants to prisoners is compelling, especially when one considers issues of race and class. The paper concludes (...)
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  13. added 2014-10-31
    Should the Late Stage Demented Be Punished for Past Crimes?Annette Dufner - 2013 - Criminal Law and Philosophy 7 (1):137-150.
    The paper investigates whether it is plausible to hold the late stage demented criminally responsible for past actions. The concern is based on the fact that policy makers in the United States and in Britain are starting to wonder what to do with prison inmates in the later stages of dementia who do not remember their crimes anymore. The problem has to be expected to become more urgent as the population ages and the number of dementia patients increases. This paper (...)
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  14. added 2014-03-04
    Subjects Without a World? An Husserlian Analysis of Solitary Confinement.Lisa Guenther - 2011 - Human Studies 34 (3):257-276.
    Psychiatrist Stuart Grassian has proposed the term “SHU syndrome” to name the cluster of cognitive, perceptual and affective symptoms that commonly arise for inmates held in the Special Housing Units (SHU) of supermax prisons. In this paper, I analyze the harm of solitary confinement from a phenomenological perspective by drawing on Husserl’s account of the essential relation between consciousness, the experience of an alter ego and the sense of a real, Objective world. While Husserl’s prioritization of transcendental subjectivity over transcendental (...)
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  15. added 2013-09-24
    Beyond Dehumanization: A Post-Humanist Critique of Intensive Confinement.Lisa Guenther - 2012 - Journal of Critical Animal Studies. Special Issue on Animals and Prisons 10 (2).
    Prisoners involved in the Attica rebellion and in the recent Georgia prison strike have protested their dehumanizing treatment as animals and as slaves. Their critique is crucial for tracing the connections between slavery, abolition, the racialization of crime, and the reinscription of racialized slavery within the US prison system. I argue that, in addition to the dehumanization of prisoners, inmates are further de-animalized when they are held in conditions of intensive confinement such as prolonged solitude or chronic overcrowding. To be (...)
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  16. added 2013-09-20
    Prisons for Profit in the United States: Retribution and Means Vs. Ends.Christine James - 2012 - Journal for Human Rights 6 (1):76-93.
    The recent trend toward privately owned and operated prisons calls attention to a variety of issues involving human rights. The growing number of corporatized correctional institutions is especially notable in the United States, but it is also a global phenomenon in many countries. The reasons cited for privatizing prisons are usually economic; the opportunity to outsource prison services enables local political leaders to save tax revenue, and local communities are promised a chance to create new jobs and bring in a (...)
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  17. added 2013-09-20
    Bodily Privacy, Toilets, and Sex Discrimination: The Problem of "Manhood" in a Women's Prison.Jami L. Anderson - 2009 - In Olga Gershenson Barbara Penner (ed.), Ladies and Gents. pp. 90.
    Unjustifiable assumptions about sex and gender roles, the untamable potency of maleness, and gynophobic notions about women's bodies inform and influence a broad range of policy-making institutions in this society. In December 2004, the U.S. Court of Appeals for the Sixth Circuit continued this ignoble cultural pastime when they decided Everson v. Michigan Department of Corrections. In this decision, the Everson Court accepted the Michigan Department of Correction's claim that “the very manhood” of male prison guards both threatens the safety (...)
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