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Keywords: Punishment
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Journal Articles
New Criminal Law Review (2020) 23 (1): 60–73.
Published: 01 February 2020
... proliferated in parallel in the criminal justice systems of many post-industrial societies in the last thirty years. Multi-door criminal justice does not fare well under the dominant conception of equality in American criminal law, which seeks to stamp out disparities in punishment and ensure roughly equal...
Journal Articles
New Criminal Law Review (2020) 23 (1): 74–112.
Published: 01 February 2020
...Ekow N. Yankah “Western” democracies take an uneven view of the state’s role in reintegrating the incarcerated following punishment. Particularly in the United States, where retributivism remains punishment’s dominant justification, questions of punishment center on how wrongdoers ought to suffer...
Journal Articles
New Criminal Law Review (2019) 22 (1): 73–98.
Published: 01 February 2019
...Terry Skolnik This article argues that we should rethink homeless people’s punishments for violating quality-of-life ordinances. Those ordinances prohibit acts that are deemed to constitute urban nuisances—urban camping, public urination, and sleeping on sidewalks among them. Violating quality-of...
Journal Articles
New Criminal Law Review (2017) 20 (3): 465–505.
Published: 01 August 2017
...Stephen R. Galoob Retributivist theories of punishment are in tension with due process. Some retributivists adopt a simple view that punishment of the deserving is normatively justified. However, this Simple Retributivism licenses unjust and illegitimate rules of criminal procedure. A more refined...
Journal Articles
New Criminal Law Review (2017) 20 (1): 66–95.
Published: 01 February 2017
... remarkably rare. This is not because people want to stay in American prisons. Instead, the critical feature of repatriation is resistance from prison bureaucrats, who often determine that prisoners are “too American,” or that their crimes are too severe, to license punishment in a foreign jurisdiction. This...
Journal Articles
New Criminal Law Review (2017) 20 (1): 39–65.
Published: 01 February 2017
...Mary Bosworth Since creating the Returns and Reintegration Fund in 2008, the British government has financed a variety of initiatives around the world under the rubric of “managing migration,” blurring the boundaries between migration control and punishment. This article documents and explores a...
Journal Articles
New Criminal Law Review (2016) 19 (3): 344–381.
Published: 01 August 2016
... of maintaining social harmony and stability. By assessing the rhetorical and practical changes in China’s recent counterterrorism strategies, it concludes that China has begun to implement more punitive laws and punishments to combat terrorism in the post-2001 era than in the reform era (1980s–1990s...
Journal Articles
New Criminal Law Review (2015) 18 (4): 477–509.
Published: 01 November 2015
..., when confronted with specific examples of crime, they tend to favor more punitive, retributive responses to crime. Retributive justifications for punishment that are deeply ingrained in our culture and our legal system, as well as our biological and psychological make-up, are a major impediment to...
Journal Articles
New Criminal Law Review (2014) 17 (4): 652–672.
Published: 01 November 2014
... significance of these findings informs policymaking in that they suggest a more balanced approach for sanctioning consensual sexual relationships between youths. © 2014 by the Regents of the University of California. 2014 juvenile justice punishment prosecution sexual behavior policy IDENTIFYING...
Journal Articles
New Criminal Law Review (2013) 16 (3): 309–363.
Published: 01 July 2013
...Matthew Wansley This article challenges the principle that punishment is only justified after a defendant has been found guilty beyond a reasonable doubt. It proposes instead a system of scaled punishments in which a defendant’s sentence would be proportioned to the jury’s reported confidence level...
Journal Articles
New Criminal Law Review (2012) 15 (3): 345–374.
Published: 01 July 2012
...Henrique Carvalho This paper discusses some theoretical and practical challenges that terrorism poses to a normative theory of punishment, using a theory of recognition as the main basis for critique. Punishment exists in constant tension with principles such as individual autonomy and human...