Download The Limits of the Criminal Sanction

[Read.HAsl] The Limits of the Criminal Sanction



[Read.HAsl] The Limits of the Criminal Sanction

[Read.HAsl] The Limits of the Criminal Sanction

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Book Details :
Published on: 1968-06-01
Released on: 1968-06-01
Original language: English
[Read.HAsl] The Limits of the Criminal Sanction

The argument of this book begins with the proposition that there are certain things we must understand about the criminal sanction before we can begin to talk sensibly about its limits. First, we need to ask some questions about the rationale of the criminal sanction. What are we trying to do by defining conduct as criminal and punishing people who commit crimes To what extent are we justified in thinking that we can or ought to do what we are trying to do Is it possible to construct an acceptable rationale for the criminal sanction enabling us to deal with the argument that it is itself an unethical use of social power And if it is possible, what implications does that rationale have for the kind of conceptual creature that the criminal law is Questions of this order make up Part I of the book, which is essentially an extended essay on the nature and justification of the criminal sanction.We also need to understand, so the argument continues, the characteristic processes through which the criminal sanction operates. What do the rules of the game tell us about what the state may and may not do to apprehend, charge, convict, and dispose of persons suspected of committing crimes Here, too, there is great controversy between two groups who have quite different views, or models, of what the criminal process is all about. There are people who see the criminal process as essentially devoted to values of efficiency in the suppression of crime. There are others who see those values as subordinate to the protection of the individual in his confrontation with the state. A severe struggle over these conflicting values has been going on in the courts of this country for the last decade or more. How that struggle is to be resolved is a second major consideration that we need to take into account before tackling the question of the limits of the criminal sanction. These problems of process are examined in Part II.Part III deals directly with the central problem of defining criteria for limiting the reach of the criminal sanction. Given the constraints of rationale and process examined in Parts I and II, it argues that we have over-relied on the criminal sanction and that we had better start thinking in a systematic way about how to adjust our commitments to our capacities, both moral and operational. Code of Criminal Procedure 1898 (Act No. V of 1898). 1.(1) This Act may be called the Code of Criminal Procedure 1898; and it shall come into force on the first day of July 1898. THE YOUTH CRIMINAL JUSTICE ACT: SUMMARY AND BACKGROUND Department of Justice Canada Ministre de la Justice Canada THE YOUTH CRIMINAL JUSTICE ACT: SUMMARY AND BACKGROUND SERVING CANADIANS 5th Judicial District - Syracuse City Court Criminal Criminal Court . Criminal Court Proceedings Appealing the Decision in Criminal Court Payment of Fine or Surcharge Bail Issues . Criminal Court Proceedings The Criminal Justice Process Department of Government ... The criminal justice network operates through numerous steps in a specified sequential order although this does not necessarily mean that the criminal justice ... TITLE 12.1 CRIMINAL CODE TITLE 12.1 CRIMINAL CODE CHAPTER 12.1-01 APPLICATION - PURPOSES - PROOF - DEFINITIONS 12.1-01-01. Title - Retroactivity - Application - Contempt power. CRIMINAL LAW General Principles of Criminal Law CRIMINAL LAW 1. General Principles of Criminal Law Nature Definition and elements of crime General Principles of Criminal Liability Florida Free Public Records Criminal Records And ... Florida Statewide Public Records. Florida Criminal History Records Search state repository for criminal records in Florida. Florida Department of Law Enforcement ... Article IV Relevancy and its Limits - Mass.Gov (a) it has any tendency to make a fact more or less probable than it would be without the evidence and (b) the fact is of consequence in determining the action ... Two Models of the Criminal Process - San Francisco State ... Two models of the criminal process will let us perceive the normative antinomy at the heart of the criminal law. These models are not labeled Is and Ought nor are ... United States constitutional criminal procedure - Wikipedia U.S. Const. amend. VI provides: In all criminal prosecutions the accused shall enjoy the right to a speedy . . . trial . . . . The Speedy Trial Clause regulates ...
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