The Routledge Handbook of the Philosophy and Science of Punishment (Routledge Handbooks in Philosophy)

Philosophers, legal scholars, criminologists, psychiatrists, and psychologists have long asked important questions about punishment: What is its purpose? What theories help us better understand its nature? Is punishment just? Are there effective alternatives to punishment? How can empirical data from the sciences help us better understand punishment? What are the relationships between punishment and our biology, psychology, and social environment? How is punishment understood and administered differently in different societies? __The Routledge Handbook of the Philosophy and Science of Punishment__ is the first major reference work to address these and other important questions in detail, offering 31 chapters from an international and interdisciplinary team of experts in a single, comprehensive volume. It covers the major theoretical approaches to punishment and its alternatives; emerging research from biology, psychology, and social neuroscience; and important special issues like the side-effects of punishment and solitary confinement, racism and stigmatization, the risk and protective factors for antisocial behavior, and victims' rights and needs. The __Handbook__ is conveniently organized into four sections: I. Theories of Punishment and Contemporary Perspectives II. Philosophical Perspectives on Punishment III. Sciences, Prevention, and Punishment IV. Alternatives to Current Punishment Practices A volume introduction and a comprehensive index help make __The__ __Routledge Handbook of the Philosophy and Science of Punishment__ essential reading for upper-undergraduate and postgraduate students in disciplines such as philosophy, law, criminology, psychology, and forensic psychiatry, and highly relevant to a variety of other disciplines such as political and social sciences, behavioral and neurosciences, and global ethics. It is also an ideal resource for anyone interested in current theories, research, and programs dealing with the problem of punishment. Cover Half Title Series Information Title Page Copyright Page Table of contents Contributors Introduction Part I Theories of Punishment and Contemporary Perspectives 1 Theories of Punishment Introduction: What Is a Theory of Punishment? Why Punish? An Empirical Inquiry What Shapes the Practices of Punishment? The Morality of Punishment: A Normative Inquiry Safer Society – Reductivism Punishing According to Desert – Retributivism Solidarity with and Compassion For Victims Concluding Remarks References 2 Retribution Introduction Classic, Or Positive, Retribution Retribution Is Not Vengeance Desert Is a Kind of Moral Responsibility Problems with Knowing Intentions Problems with Desert Making Punishment Fit the Crime Conclusion Notes References 3 Offenders as Citizens Citizens and Enemies Civic Roles and a Common Law Civic Punishment Civic Punishment and its Appropriate Modes Notes References 4 Hybrid Theories of Punishment Varieties of Hybrid Account Relegating Retributivism Necessary Characteristics of the Punished An Unsupported Distinction Conclusion Acknowledgements Notes References 5 Limiting Retributivism and Individual Prevention Limiting Retributivism Types of Limiting Retributivism Limiting Retributivism and Risk Assessment Determining Sentencing Ranges Principles of Preventive Justice Proving Risk Conclusion References 6 The Contours of a Utilitarian Theory of Punishment in Light of Contemporary Empirical Knowledge about the Attainment ... Introduction Deterrence General Deterrence Specific Deterrence Incapacitation Rehabilitation Proportionality Conclusion Notes References 7 The Restorative Justice Movement: Questioning the Rationale of Contemporary Criminal Justice Introduction Restorative Justice As a New Paradigm of Crime and Justice The Logic of Modern Criminal Justice Crime As a Public Wrong Offenders Must Be Punished The State Is Responsible for Punishing Criminal Wrongdoers The Restorative Justice Challenge Crime As a Violation of a Person Abolition of The Concept of Crime Virtual Abolition of Criminal Law and the Absorption of “Crimes” into Civil Law Giving Victims of Crime More of a Say in How “Their” Offenders Are Punished An Obligation To Repair Harm Rather Than To Undergo Punishment Away From Statist Solutions: Restorative Justice and Civil Society Conclusion Notes References Part II Philosophical Perspectives on Punishment 8 Defamiliarizing Punishment Introduction Too Little Or Too Much? Failure or Success? Apollonian or Dionysian? References 9 The Retributive Sentiments Notes References 10 The Right To Punish Introduction The Government’s Right to Punish: Criminal Law as the Extrema Ratio Harm Proportionality Extrema Ratio as Political Choice Notes References 11 Problem of Proportional Punishment Is Proportionality a Retributivist Idea? In What Sense Do Crimes and Punishments “Match”? Is the Idea of Proportional Punishment Too Vague? Is the Idea of Proportional Punishment Manipulable and Biased? Concluding Thoughts Notes References 12 The Gap Science and Punishment Philosophy and Punishment Policing the Gap Notes References 13 Science and the Evolution of American Criminal Punishment Introduction The Purposes of Criminal Punishment Just Deserts Free Will and Criminal Responsibility Behavioral Sciences versus Forensic Sciences The Evolution of the Criminal Law Conclusion Notes References 14 What Is Wrong with Mass Incarceration? Introduction Is the Intrinsic Problem of Mass Incarceration Sociological or Philosophical? Mass Incarceration: Causes and Symptoms Does Sociology Explain the Intrinsic Wrong of Mass Incarceration? Is Mass Incarceration Wrong from the Point of View of Punishment Theory? The Theories and Their Limits The Emptiness of Punishment Theory How To Look At Mass Incarceration, and Why (Again) Punishment Theory Fails. Toward Mass Incarceration as an Intrinsic Wrong Rawls on Punishment in the Just Society Mass Incarceration as a Challenge to Justice Conclusion Acknowledgements Notes References Part III Sciences, Prevention, and Punishment 15 Punishment, Shaming, and Violence Punishment as a Form of Violence Does Punishment Achieve Justice and Prevent Violence? Do We Want to Revenge Violent Behavior or Prevent It? What Causes Violence? The Psychology of Shame and Guilt Does Punishment Prevent Violence or Cause It? How Can We Transcend the Moral Commandment to Commit Punishment and Violence? What Alternatives Are There to Prisons and Punishment? Does Imprisonment Prevent Violence? The San Francisco Violence-Prevention Experiment Conclusion Notes References 16 Humanizing Prison through Social Neuroscience: From the Abolition of Solitary Confinement to the Pursuit of Social ... 16.1 Introduction 16.2 The Ineradicable Bond Between the Brain and the Social Environment 16.3 The Neurobiological Effects of Negative Social Environments, Social Exclusion, and Socio-Environmental Deprivation 16.4 Humanizing Prison 16.4.1 Prison Environment 16.4.2 Solitary Confinement 16.4.3 Social Rehabilitation 16.5 Conclusion Note References 17 Effects of Prison Crowding on Prison Misconduct and Bullying 1. Increase in Prison Populations 2. Prison Crowding 3. Prison Misconduct and Bullying Among Prisoners 4. Theories of Prison Misconduct and Bullying 5. Empirical Support for the Relationship Between Prison Crowding and Misconduct and Bullying 6. Conclusions 7. Recommendations for Future Meta-Analytic Research Notes References 18 Biosocial Risk Factors for Offending Genetics Brain Imaging Neuropsychology Psychophysiology Early Health Factors The Impact of Incarceration on Biological Risk Factors for Offending Implications of Biosocial Research on Offending for Rehabilitation Implications of Biosocial Research on Offending for Prevention Conclusion Note References 19 Brain Abnormalities Associated with Pedophilia: Implications for Retribution and Rehabilitation Introduction Pedophilia: Diagnosis and Definition Neurobiological Research on Pedophilia Potential Effects on Perceptions of Retribution Effects on Perceptions of Rehabilitation Conclusion References 20 Current Trends in Cognitive Neuroscience and Criminal Punishment Introduction Can an Understanding of the Defendant’s Brain Function Inform Questions of Future Dangerousness? Neuroimaging Approaches to Questions of Dangerousness: Correlational Methods Neuroimaging Approaches to Questions of Dangerousness: Quasi-Experimental and Retrodictive methods Neuroimaging Approaches to Questions of Dangerousness: Prospective Prediction Neuroimaging Approaches to Questions of Dangerousness: Brain Stimulation How Can Sentencing Decisions Be Informed by the Punisher’s Brain Function? How Can Sentencing Decisions Be Informed by the Punisher’s Perceptions Of Brain Function? Conclusion Acknowledgements Notes References 21 Behavioral Genetics and Sentencing What Is Meant By Behavioral Genetics and What Is Sentencing? What Kind of Pleas Are Under Consideration? Making a Plea Concerns about BGBPIMs Ethical Support for BGBPIMs Impediments to Behavioral Genetics-Pleas in Mitigation The Cases The Future Notes References 22 Prediction, Screening and Early Intervention: A Critical Analysis Introduction Prediction, Screening and Early Prevention Across Disciplines, a Digest Children at Risk Parents of Children at Risk Society and Children at Risk Conclusion References 23 Comparison of Socio-Affective Processing Across Subtypes of Antisocial Psychopathology Socio-Affective Processing Psychopathy and CU/PP Antisocial-Only Considerations for Future Research and Conclusions Note References 24 Forensic Mental Health Treatment and Recidivism Introduction The International Context Overall Structure of Forensic Mental Health Services in England Secure Hospitals Community Forensic Mental Health Teams Prison Mental Health Services Liaison and Diversion Services Recidivism in Forensic Mental Health Services Assessing Risk of Recidivism Factors Associated with Recidivism Treatment in Forensic Mental Health Care Medication Substance Misuse Psychological Therapies Occupational Therapy Pooled Evidence for Interventions Summary References 25 Recovery of Persons Labeled “Not Criminally Responsible”: Recommendations Grounded in Lived Experiences Theoretical Background Not Criminally Responsible: Security and Treatment Intertwined Recovery: a Paradigm Shift in Mental Health Care (In)compatibility: Recovery and Persons Labeled “Not Criminally Responsible” Exploring Recovery of Persons Labeled “Not Criminally Responsible” Grounded in Lived Experiences Forensic Recovery as an Omnipresent Lived Experience Practice and Policy Recommendations Based on Participants’ Lived Experiences Addressing Individual Support Needs Integrating Stagnation in Care Pathways Increasing Awareness of the Social Recovery Dimension Using a Common Language Tackling Practical Barriers Including Space and Time to Sustain Recovery Adjusting Professionals’ Training Programs Implementing Policies that Enable Continuity in Relationships Debating Tensions Conclusion References Part IV Alternatives to Current Punishment Practices 26 Punishment and Its Alternatives America Embraces Tough on Crime What Did Tough on Crime Cost? What Did Tough on Crime Accomplish? The Functions of Punishment Why Punishment Does Not Reduce Crime and Recidivism Where Do We Go From Here? Prosecutorial and Judicial Decision Making Making Recidivism Reduction a Priority Diversion is Key Conclusion Note References 27 Pre-Trial Detention and the Supplanting of Our Adversarial System: A Case for Abolition Pre-Trial Detention: The Supplanting of our Adversarial System for Adjudicating Guilt and Imposing Punishment Adjudication of Guilt and Imposition of Punishment: an Unacknowledged Goal of Pre-Trial Detention A Solution to Our Current Crisis: End all Pre-Trial Detention References 28 A Non-Punitive Alternative to Retributive Punishment Free Will Skepticism Further Reasons to Reject Retributivism The Public Health-Quarantine Model Implications Conclusion Notes References 29 The Takings Doctrine and the Principle of Legality Introduction Section 1 Section 2 Section 3 Section 4 Section 5 Notes References 30 How to Transform a Static Security Prison into a Dynamic Organism for Change and Growth Introduction Principle 1– The Prison Sentence Must Be Limited to Deprivation of Liberty. Full Stop! Principle 2 – Prison Staff Motivation, Attitudes and Competencies Principle 3 – Consciousness and Will, On Affiliation and Complicity Principle 4 – Prison as a Society, cf. Principle of Normality Principle 5 – Dialogue and Equality Principle 6 – Relationships and Environment Principle 7 – Development and Transfer of Responsibility Principle 8 – Respect Principle 9 – Focus on Here and Now Principle 10 – Focus on What IS Principle 11 – Prison as an Arena for Learning Democracy Principle 12 – Security Closing Remarks Notes 31 Towards a Strengths-based Focus in the Criminal Justice System for Drug-using Offenders The Complex Relationship between Drug Use and Offending The Relationship between Recovery and Desistance Recovery and Desistance in the Criminal Justice System Treatment as One of the Pathways to Recovery Looking Beyond the Risks and Focusing on Empowerment Example of a Promising Strengths-based Approach in the Criminal Justice System for Drug-using Offenders: the Drug (Treatment) Life After Punishment: The Hard Work of Recovery and Desistance Happens in the Community Conclusion Notes References Index Présentation de l'éditeur : "Philosophers, legal scholars, criminologists, psychiatrists, and psychologists have long asked important questions about punishment: What is its purpose? What theories help us better understand its nature? Is punishment just? Are there effective alternatives to punishment? How can empirical data from the sciences help us better understand punishment? What are the relationships between punishment and our biology, psychology, and social environment? How is punishment understood and administered differently in different societies? The Routledge Handbook of the Philosophy and Science of Punishment is the first major reference work to address these and other important questions in detail, offering 31 chapters from an international and interdisciplinary team of experts in a single, comprehensive volume. It covers the major theoretical approaches to punishment and its alternatives; emerging research from biology, psychology, and social neuroscience; and important special issues like the side-effects of punishment and solitary confinement, racism and stigmatization, the risk and protective factors for antisocial behavior, and victims' rights and needs. The Handbook is conveniently organized into four sections : I. Theories of Punishment and Contemporary Perspectives ; II. Philosophical Perspectives on Punishment ; III. Sciences, Prevention, and Punishment ; IV. Alternatives to Current Punishment Practices. A volume introduction and a comprehensive index help make The Routledge Handbook of the Philosophy and Science of Punishment essential reading for upper-undergraduate and postgraduate students in disciplines such as philosophy, law, criminology, psychology, and forensic psychiatry, and highly relevant to a variety of other disciplines such as political and social sciences, behavioral and neurosciences, and global ethics. It is also an ideal resource for anyone interested in current theories, research, and programs dealing with the problem of punishment." "Philosophers, legal scholars, criminologists, psychiatrists and psychologists have long asked important questions about punishment: What is its purpose? What theories helps us better understand its nature? Is punishment just? Are there effective alternatives to punishment? How can empirical data from the sciences help us better understand punishment? What are the relationships between punishment and our biology, psychology and social environment? How is punishment understood and administered differently in different societies? The Routledge Handbook of the Philosophy and Science of Punishment is the first major reference work to address these and other important questions in detail, offering 31 chapters from an international and interdisciplinary team of experts, in a single, comprehensive volume. It covers the major theoretical approaches to punishment and its alternatives, emerging research from biology, psychology, and social neuroscience, and important special issues like the side-effects of punishment and solitary confinement, racism and stigmatization, the risk and protective factors for antisocial behavior, and victims' rights and needs. The Handbook is conveniently organized into four sections: I. Theories of Punishment and Contemporary Perspectives II. Philosophical Perspectives on Punishment III. Sciences, Prevention and Punishment IV. Alternatives to Current Punishment Practices A volume Introduction and a comprehensive index help make The Routledge Handbook of the Philosophy and Science of Punishment essential reading for upper-undergraduate and postgraduate students in disciplines such as philosophy, law, criminology, psychology and forensic psychiatry, and highly relevant to a variety of other disciplines such as political and social sciences, behavioral and neurosciences, and global studies. It is also an ideal resource for anyone interested in current theories, research, and programs dealing with the problem of punishment"-- Provided by publisher