...John Vorhaus Under Article 3 of the European Convention on Human Rights, degrading treatment and punishment is absolutely prohibited. This paper examines the nature of and wrong inherent in treatment and punishment of this kind. Cases brought before the European Court of Human Rights (the Court...

... on top of their clemency mechanisms, and for the newer authority to be vested in local prosecutors. I present less a single proposal than a collection of principles for mercy decentralization. Governors and presidents simply cannot deliver the punishment remissions appropriate for an American prison...

...Monika Simmler The main argument of this article is that only a clear conception of the purpose of punishment can orient the debate about the positioning of the fault requirement and strict liability doctrine in criminal law. A categorization of the varieties of strict liability offenses, as well...

... and theoretically substantiating the “transformational function” of the criminal law. The term refers to the use of criminalization and punishment to change, rather than merely reflect, social norms, attitudes, and beliefs alongside, and combined with, non-penal policy-making tools in contested domains. Four...

... 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...

...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...

...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...

...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...

... is 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...

...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...

... 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...

..., 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...

... 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 APPROPRIATE...

...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...

...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...