Bøger i STUDIES IN PENAL THEORY AND PHILOSOPHY serien

The first collective work devoted exclusively to the ethical and penal theoretical considerations of the use of artificial intelligence at sentencingIs it morally acceptable to use artificial intelligence (AI) in the determination of sentences on those who have broken the law? If so, how should such algorithms be usedΓÇöand what are the consequences?Jesper Ryberg and Julian V. Roberts bring together leading experts to answer these questions. Sentencing and Artificial Intelligence investigates to what extent, and under which conditions, justice and the social good may be promoted by allocating parts of the most important task of the criminal courtΓÇöthat of determining legal punishmentΓÇöto computerized sentencing algorithms. The introduction of an AI-based sentencing system could save significant resources and increase consistencyacross jurisdictions. But it could also reproduce historical biases, decrease transparency in decision-making, and undermine trust in the justice system. Dealing with a wide-range of pertinent issues including the transparency of algorithmic-based decision-making, the fairness and morality of algorithmicsentencing decisions, and potential discrimination as a result of these practices, this volume offers avaluable insight on the future of sentencing.

Guilty Acts, Guilty Minds proposes an understanding of actus reus and mens rea (the guilty act and guilty mind) as limits on the authority of a democratic state to ascribe guilt. Going beyond discussions of legal justice, Stephen Garvey argues for actus reus and mens rea as necessary conditions, among others, for the legitimacy of state punishment.

In The Metamorphosis of Criminal Justice, Jacqueline S. Hodgson focuses on the potentially radical and fundamental changes taking place within criminal justice in Britain and in France and the ways that these are driven by wider domestic, European or international concerns. This metamorphosis away from established values and practices is eroding what were once regarded as core rights and freedoms in the name of efficiency, security, and justice to victims.Beginning with a comparative analysis of adversarial and inquisitorial procedural values and traditions, and an examination of broad trends in domestic and European criminal justice, Hodgson then discusses how the roles of prosecution and defense have been re-shaped in different ways in bothjurisdictionsΓÇöboth in the text of the law and in their practices. The final section considers how systems within different procedural traditions adapt to address, or provide a remedy for, systemic flaws that produce wrongful convictions and in particular, the role of the defense in these procedures. By adopting an empirical and comparative approach, this book explores the nature and reach of these trends and the ways that they challenge and disrupt criminal processes and values.

Can it be justified to use neuroscientific technologies for influencing the human brain as a means of preventing offenders from engaging in future criminal conduct? In Neurointerventions, Crime, and Punishment, Jesper Ryberg considers various ethical challenges surrounding this question.

In Beyond Punishment?, Zachary Hoskins offers a philosophical examination of the collateral legal consequences of conviction. Considering how pervasive collateral restrictions have become and the dramatic effects such restrictions have on offenders' lives, Hoskins examines whether these extended measures of punishment are ever morally justified.

What is the criminal law for? One influential answer is that the criminal law vindicates pre-political rights and condemns wrongdoing. In Criminal Law in the Age of the Administrative State, Vincent Chiao offers an alternative, public law account. By starting with the political morality of public institutions, rather than the interpersonal morality of private relationships, the public law account makes the case for regarding criminal law and criminal justiceas animated by the same political virtues that gave rise to the institutions of the modern administrative and welfare state. Chiao then shows how this approach to criminal justice provides a fresh perspective on a range of problems, from mass incarceration to overcriminalization, to due process and thecollateral consequences of a criminal conviction.

Hate, Politics, Law: Critical Perspectives on Combating of Hate offers a critical exploration and assessment of the basic assumptions, ideals, and agendas behind the modern fight against hate. The essays in this volumes explore these issues and provide a range of explanatory and normative perspectives on the awkward relationship between hate and liberal democracy.

In Playing Fair, Richard Dagger provides a unified theory of political obligation and the justification of punishment that takes its bearings from the principle of fair play. Dagger argues that members of a just polity have an obligation to obey its laws because they have an obligation of reciprocity or fair play to one another.

Despite its increasing visibility as a social issue, mass incarceration - and its inconsistency with core democratic ideals - rarely surfaces in contemporary political theory. Democratic Theory and Mass Incarceration seeks to overcome this puzzling disconnect by deepening the dialogue between democratic theory and punishment policy.

What role should public opinion play in the way the state deals with criminal offenders? This volume brings together leading philosophers, legal theorists, and criminologists to consider the various aspects of the relationship between public opinion and state punishment.

Focusing democratic theory on the pressing issue of punishment, Punishment, Participatory Democracy, and the Jury argues for participatory institutional designs as antidotes to the American penal state. Citizen action in institutions like the jury and restorative justice programs can foster the attunement, reflectiveness, and full-bodied communication needed as foundations for widespread civic responsibility for criminal justice.

Just Sentencing is the first book in over forty years to present a fully developed punishment theory which incorporates both utilitarian and retributive sentencing purposes.

A collection of essays by major figures in punishment theory, law, and philosophy that reconsiders the popularity and prospects of retributivism, the notion that punishment is morally justified because people have behaved wrongly.

Taming the Presumption of Innocence provides a comprehensive account of the presumption of innocence in criminal law and procedure. It defends a narrow but clearly defined role for the presumption and resists efforts to cast it as a panacea for many of what are believed to be the unnecessarily harsh features of contemporary criminal justice systems.