Law in Contemporary Society

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JustinColannino-SecondPaper 8 - 02 Apr 2008 - Main.JustinColannino
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Proportionality in criminal penalties.

Introduction: Harsh penalties in the United States

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Why the high incarceration rate?

In his book Harsh Punishment, James Q. Whitman discusses two aspects of the American law of punishment that are responsible for the increase in incarceration rate. First is the increase in offenses demanding prision time, including drug offenses and other nonviolent crimes. Second, is a dramatic increase in the length of sentinces for inmates, which are so disproportionate to Europe that American inmates serve sentences roughly five to ten times that of their European counterparts. Longer sentinces and more crimes which demand a prison term are two clear factors which lead to a larger prison population.
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Why does this happen?

 

Proportionality in sentencing, using weak or limited retributivism as a cap on penalties.

Consequences:


JustinColannino-SecondPaper 7 - 02 Apr 2008 - Main.JustinColannino
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Proportionality in criminal penalties.

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Introduction: Disproportionate Sentincing in the US

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Introduction: Harsh penalties in the United States

The United States has a problem with incarceration. Since the 1970's America's incarceration rate has quadrupled CITE and has recently surpassed 1% of the total population CITE NEWYORK TIMES. This paper will explore some reasons why this has come to pass, and propose a measure we can take towards punishment to help reform our system of punishment.

Why the high incarceration rate?

In his book Harsh Punishment, James Q. Whitman discusses two aspects of the American law of punishment that are responsible for the increase in incarceration rate. First is the increase in offenses demanding prision time, including drug offenses and other nonviolent crimes. Second, is a dramatic increase in the length of sentinces for inmates, which are so disproportionate to Europe that American inmates serve sentences roughly five to ten times that of their European counterparts. Longer sentinces and more crimes which demand a prison term are two clear factors which lead to a larger prison population.

that the disproportion between american sentinces and those of some european countres are such that American inmates serve sentences roughly five to ten times as long as their European counterparts.

 

Proportionality in sentencing, using weak or limited retributivism as a cap on penalties.

Consequences:

Checks against moral panic


JustinColannino-SecondPaper 6 - 02 Apr 2008 - Main.JustinColannino
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Proportionality in criminal penalties.

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Introduction: Ewing and weak or limited retributivism.

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Introduction: Disproportionate Sentincing in the US

 

Proportionality in sentencing, using weak or limited retributivism as a cap on penalties.

Consequences:

Checks against moral panic


JustinColannino-SecondPaper 5 - 02 Apr 2008 - Main.JulianBaez
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 -- JustinColannino - 28 Mar 2008
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FYI - Eben seems to vastly prefer in text links over references at the end. I'm sure this is just cause you're still working in the outline phase but its something really easy to forget about.

-- JulianBaez - 02 Apr 2008

 
 
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JustinColannino-SecondPaper 4 - 02 Apr 2008 - Main.JustinColannino
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Proportionality as a civil liberty: should we be guaranteed just deserts?

Introduction

Proportionality in sentencing

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Proportionality in criminal penalties.

Introduction: Ewing and weak or limited retributivism.

Proportionality in sentencing, using weak or limited retributivism as a cap on penalties.

 

Consequences:

Checks against moral panic

Provides a hook for prison reform


Revision 8r8 - 02 Apr 2008 - 21:29:14 - JustinColannino
Revision 7r7 - 02 Apr 2008 - 19:49:39 - JustinColannino
Revision 6r6 - 02 Apr 2008 - 13:06:11 - JustinColannino
Revision 5r5 - 02 Apr 2008 - 03:43:23 - JulianBaez
Revision 4r4 - 02 Apr 2008 - 03:19:22 - JustinColannino
Revision 3r3 - 01 Apr 2008 - 01:55:00 - JustinColannino
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