Ction, growth, maturation, and the improvement from the central nervous method. Ction, growth, maturation, and the Ction, growth, maturation, and the improvement from the central nervous method.
One opponent of private prisons argues, "What are the core purposes of government? Foreign affairs and domestic defense.
I count corrections and detention as among the latter, and I don't think our government should contract out its core reason for being. I don't have any philosophies. If they can do it cheaper than the state can, more power to them" New York Times, March 27, To the hard-nosed Texas auditor concerned with what works most efficiently, the theorist who appeals to a philosophy of what's morally right is too taken with abstractions and high-sounding principles to confront the tough choices and uncomfortable truths of the real world.
The tension in this confrontation is well known, perhaps inevitable, but nevertheless disturbing; it is the tension between the theorist who stands on the "outside" talking of ideals and principles, and the practitioner who is "inside" and needs to get things done. This is a book of theory about one of the most troubling of our social practices, legal punishment.
My aim is to show how theory and practice converge. My reflections are addressed to ordinary people and to practitioners who think about and in some cases must confront the problems that emerge from this practice. As a theorist, I assume a position of critical distance. I do not take as authoritative all the existing rules and features viii Preface of the practice of legal punishment; as we shall see, many of us disagree with some of those rules, or don't think certain features should be a part of the practice.
I believe there is an ideal of justice underlying our practice of legal punishment, an ideal that sometimes gets obscured, lost in the shadows of the institutions of criminal law. This ideal of justice can seem beside the point to police officers, prosecutors, trial court judges, and a concerned citizenry, all facing a reality of violent and pervasive crime, overburdened courts, and overcrowded jails and prisons.
I believe the theorist must adjust her ideals in light of the facts; only then may practitioners listen. But the theorist, as a theorist, is committed with her ideals sometimes to persevere in the face of a less than ideal actuality.
This book is a work of theory because it holds up ideals to the reality of our criminal justice system; but it is a work of theory also because it considers whether we should have the practice of legal punishment at all, an issue not often raised by practitioners such as judges, defense attorneys, and prosecutors, whose preoccupations inside the practice afford them little opportunity to step back and reflect on such a heady question.
Addressing the question "Why punish at all? The answer matters practically.
For if we have a compelling interpretation of why we punish, of the purpose of the practice, then from this account we might derive principles and standards that determine how we resolve the problems engaging those practitioners.
I am a theorist who is on the whole committed to the practices we have at hand. This does not mean that I am committed to overcrowded prisons, overburdened courts, and all the injustices and inefficiencies of our present criminal justice system.
It means, rather, that I believe that by reflecting on the ideals implicit in the practice we have at hand we can come to implement a just practice that is already within our reach. Though aware of the need to challenge our practices, sometimes radically, I want to avoid assuming a position unconnected with or detached from this world.
I am convinced that Preface ix if the theorist is to make a difference to practitioners, she must understand their concerns and even share some of their commitments.
I believe the theorist can do this without abandoning her critical stance. This work is addressed not only to those working within the criminal justice system, to whom I talk about topics including plea-bargaining, the insanity defense, the exclusionary rule, sentencing discretion, and the proper scope of the criminal law; but also to political and legal theorists and social critics in general, to whom I talk about the precarious balance the critic must attain between, on the one hand, commitment to ideals and, on the other hand, connection with actuality.
I have many people to thank for their help in getting me to sharpen and make clear my arguments. Foremost among them are Hanna Pitkin, who, by setting such high standards for clarity, scholarship, and intellectual integrity, has helped make me my own best critic; and Jeremy Waldron, who, with considerable energy and determination, encouraged me to formulate what I hope is a more persuasive account of why we punish.
When we—that is, the state—legally punish, we invoke our authority in order to inflict pain, deprivation, or some other form of suffering. In Judge Roy Jones's proposal that a mother who fed her four-year-old son fatal doses of psychiatric drugs agree to sterilization in exchange for a reduction in sentence, declaring that she was "a person who no longer needs ever to have any children," could be heard the voice of God: Only the state or public authority may with right legally punish: Michael Oakeshott New York: Collier Books,ch.
I l l Octoberpp. New York Times, September 25, The advantages and disadvantages of Community service or social service as modes of criminal punishment. Community service or social service is a mode of punishment provide by the law which the offender can escape imprisonment or fines.
Community service acts as an alternative to the harsh criminal punishment. Critical to policy planning for a program of national health insurance or a National Health Service is an understanding of the strengths and weaknesses of current federally-supported health programs.
bank, whose object is th e public service; that th e directors have applied to end, all needful advantages w ould be derived, to the utm ost e x te n t o f banking facilities.” perhaps capital punishm ent—one of the most solemn acts of sovereign authority.
Free Essays on The Advantages And Disadvantages Of Community Service Or Social Service As Modes Of Criminal Punishment.. 1 through Issuu is a digital publishing platform that makes it simple to publish magazines, catalogs, newspapers, books, and more online.
which has both advantages and disadvantages. It can leave. These are some of the strengths of community work programs.
There is one other crucial factor which makes community work the first choice punishment in the criminal justice system – the failure of the conventional prison system and their tendency to psychologically disturb the prisoner.