The Routledge Handbook of the Philosophy and Science of Punishment

Cover\nHalf Title\nSeries Information\nTitle Page\nCopyright Page\nTable of contents\nContributors\nIntroduction\nPart I Theories of Punishment and Contemporary Perspectives\n	1 Theories of Punishment\n		Introduction: What Is a Theory of Punishment?\n		Why Punish? An Empirical Inquiry\n		What Shapes the Practices of Punishment?\n		The Morality of Punishment: A Normative Inquiry\n			Safer Society – Reductivism\n			Punishing According to Desert – Retributivism\n			Solidarity with and Compassion For Victims\n		Concluding Remarks\n		References\n	2 Retribution\n		Introduction\n		Classic, Or Positive, Retribution\n		Retribution Is Not Vengeance\n		Desert Is a Kind of Moral Responsibility\n		Problems with Knowing Intentions\n		Problems with Desert\n		Making Punishment Fit the Crime\n		Conclusion\n		Notes\n		References\n	3 Offenders as Citizens\n		Citizens and Enemies\n		Civic Roles and a Common Law\n		Civic Punishment\n		Civic Punishment and its Appropriate Modes\n		Notes\n		References\n	4 Hybrid Theories of Punishment\n		Varieties of Hybrid Account\n		Relegating Retributivism\n		Necessary Characteristics of the Punished\n		An Unsupported Distinction\n		Conclusion\n		Acknowledgements\n		Notes\n		References\n	5 Limiting Retributivism and Individual Prevention\n		Limiting Retributivism\n		Types of Limiting Retributivism\n		Limiting Retributivism and Risk Assessment\n		Determining Sentencing Ranges\n		Principles of Preventive Justice\n		Proving Risk\n		Conclusion\n		References\n	6 The Contours of a Utilitarian Theory of Punishment in Light of Contemporary Empirical Knowledge about the Attainment ...\n		Introduction\n		Deterrence\n			General Deterrence\n			Specific Deterrence\n		Incapacitation\n		Rehabilitation\n		Proportionality\n		Conclusion\n		Notes\n		References\n	7 The Restorative Justice Movement: Questioning the Rationale of Contemporary Criminal Justice\n		Introduction\n		Restorative Justice As a New Paradigm of Crime and Justice\n		The Logic of Modern Criminal Justice\n			Crime As a Public Wrong\n			Offenders Must Be Punished\n			The State Is Responsible for Punishing Criminal Wrongdoers\n		The Restorative Justice Challenge\n			Crime As a Violation of a Person\n			Abolition of The Concept of Crime\n			Virtual Abolition of Criminal Law and the Absorption of “Crimes” into Civil Law\n			Giving Victims of Crime More of a Say in How “Their” Offenders Are Punished\n			An Obligation To Repair Harm Rather Than To Undergo Punishment\n			Away From Statist Solutions: Restorative Justice and Civil Society\n		Conclusion\n		Notes\n		References\nPart II Philosophical Perspectives on Punishment\n	8 Defamiliarizing Punishment\n		Introduction\n		Too Little Or Too Much?\n		Failure or Success?\n		Apollonian or Dionysian?\n		References\n	9 The Retributive Sentiments\n		Notes\n		References\n	10 The Right To Punish\n		Introduction\n		The Government’s Right to Punish: Criminal Law as the Extrema Ratio\n		Harm\n		Proportionality\n		Extrema Ratio as Political Choice\n		Notes\n		References\n	11 Problem of Proportional Punishment\n		Is Proportionality a Retributivist Idea?\n		In What Sense Do Crimes and Punishments “Match”?\n		Is the Idea of Proportional Punishment Too Vague?\n		Is the Idea of Proportional Punishment Manipulable and Biased?\n		Concluding Thoughts\n		Notes\n		References\n	12 The Gap\n		Science and Punishment\n		Philosophy and Punishment\n		Policing the Gap\n		Notes\n		References\n	13 Science and the Evolution of American Criminal Punishment\n		Introduction\n		The Purposes of Criminal Punishment\n		Just Deserts\n		Free Will and Criminal Responsibility\n		Behavioral Sciences versus Forensic Sciences\n		The Evolution of the Criminal Law\n		Conclusion\n		Notes\n		References\n	14 What Is Wrong with Mass Incarceration?\n		Introduction\n		Is the Intrinsic Problem of Mass Incarceration Sociological or Philosophical?\n			Mass Incarceration: Causes and Symptoms\n			Does Sociology Explain the Intrinsic Wrong of Mass Incarceration?\n		Is Mass Incarceration Wrong from the Point of View of Punishment Theory?\n			The Theories and Their Limits\n			The Emptiness of Punishment Theory\n			How To Look At Mass Incarceration, and Why (Again) Punishment Theory Fails.\n		Toward Mass Incarceration as an Intrinsic Wrong\n			Rawls on Punishment in the Just Society\n			Mass Incarceration as a Challenge to Justice\n		Conclusion\n			Acknowledgements\n		Notes\n		References\nPart III Sciences, Prevention, and Punishment\n	15 Punishment, Shaming, and Violence\n		Punishment as a Form of Violence\n		Does Punishment Achieve Justice and Prevent Violence?\n		Do We Want to Revenge Violent Behavior or Prevent It?\n		What Causes Violence?\n		The Psychology of Shame and Guilt\n		Does Punishment Prevent Violence or Cause It?\n		How Can We Transcend the Moral Commandment to Commit Punishment and Violence?\n		What Alternatives Are There to Prisons and Punishment?\n		Does Imprisonment Prevent Violence?\n		The San Francisco Violence-Prevention Experiment\n		Conclusion\n		Notes\n		References\n	16 Humanizing Prison through Social Neuroscience: From the Abolition of Solitary Confinement to the Pursuit of Social ...\n		16.1  Introduction\n		16.2 The Ineradicable Bond Between the Brain and the Social Environment\n		16.3  The Neurobiological Effects of Negative Social Environments, Social Exclusion, and Socio-Environmental Deprivation\n		16.4  Humanizing Prison\n			16.4.1 Prison Environment\n			16.4.2  Solitary Confinement\n			16.4.3  Social Rehabilitation\n		16.5  Conclusion\n		Note\n		References\n	17 Effects of Prison Crowding on Prison Misconduct and Bullying\n		1.  Increase in Prison Populations\n		2.  Prison Crowding\n		3.  Prison Misconduct and Bullying Among Prisoners\n		4.  Theories of Prison Misconduct and Bullying\n		5.  Empirical Support for the Relationship Between Prison Crowding and Misconduct and Bullying\n		6.  Conclusions\n		7.  Recommendations for Future Meta-Analytic Research\n		Notes\n		References\n	18 Biosocial Risk Factors for Offending\n		Genetics\n		Brain Imaging\n		Neuropsychology\n		Psychophysiology\n		Early Health Factors\n		The Impact of Incarceration on Biological Risk Factors for Offending\n		Implications of Biosocial Research on Offending for Rehabilitation\n		Implications of Biosocial Research on Offending for Prevention\n		Conclusion\n		Note\n		References\n	19 Brain Abnormalities Associated with Pedophilia: Implications for Retribution and Rehabilitation\n		Introduction\n		Pedophilia: Diagnosis and Definition\n		Neurobiological Research on Pedophilia\n		Potential Effects on Perceptions of Retribution\n		Effects on Perceptions of Rehabilitation\n		Conclusion\n		References\n	20 Current Trends in Cognitive Neuroscience and Criminal Punishment\n		Introduction\n		Can an Understanding of the Defendant’s Brain Function Inform Questions of Future Dangerousness?\n			Neuroimaging Approaches to Questions of Dangerousness: Correlational Methods\n			Neuroimaging Approaches to Questions of Dangerousness: Quasi-Experimental and Retrodictive methods\n			Neuroimaging Approaches to Questions of Dangerousness: Prospective Prediction\n			Neuroimaging Approaches to Questions of Dangerousness: Brain Stimulation\n		How Can Sentencing Decisions Be Informed by the Punisher’s Brain Function?\n		How Can Sentencing Decisions Be Informed by the Punisher’s Perceptions Of Brain Function?\n		Conclusion\n		Acknowledgements\n		Notes\n		References\n	21 Behavioral Genetics and Sentencing\n		What Is Meant By Behavioral Genetics and What Is Sentencing?\n		What Kind of Pleas Are Under Consideration?\n		Making a Plea\n		Concerns about BGBPIMs\n		Ethical Support for BGBPIMs\n		Impediments to Behavioral Genetics-Pleas in Mitigation\n		The Cases\n		The Future\n		Notes\n		References\n	22 Prediction, Screening and Early Intervention: A Critical Analysis\n		Introduction\n		Prediction, Screening and Early Prevention Across Disciplines, a Digest\n		Children at Risk\n		Parents of Children at Risk\n		Society and Children at Risk\n		Conclusion\n		References\n	23 Comparison of Socio-Affective Processing Across Subtypes of Antisocial Psychopathology\n		Socio-Affective Processing\n		Psychopathy and CU/PP\n		Antisocial-Only\n		Considerations for Future Research and Conclusions\n		Note\n		References\n	24 Forensic Mental Health Treatment and Recidivism\n		Introduction\n		The International Context\n		Overall Structure of Forensic Mental Health Services in England\n		Secure Hospitals\n		Community Forensic Mental Health Teams\n		Prison Mental Health Services\n		Liaison and Diversion Services\n		Recidivism in Forensic Mental Health Services\n		Assessing Risk of Recidivism\n		Factors Associated with Recidivism\n		Treatment in Forensic Mental Health Care\n			Medication\n			Substance Misuse\n			Psychological Therapies\n			Occupational Therapy\n			Pooled Evidence for Interventions\n		Summary\n		References\n	25 Recovery of Persons Labeled “Not Criminally Responsible”: Recommendations Grounded in Lived Experiences\n		Theoretical Background\n			Not Criminally Responsible: Security and Treatment Intertwined\n			Recovery: a Paradigm Shift in Mental Health Care\n			(In)compatibility: Recovery and Persons Labeled “Not Criminally Responsible”\n		Exploring Recovery of Persons Labeled “Not Criminally Responsible” Grounded in Lived Experiences\n		Forensic Recovery as an Omnipresent Lived Experience\n		Practice and Policy Recommendations Based on Participants’ Lived Experiences\n			Addressing Individual Support Needs\n			Integrating Stagnation in Care Pathways\n			Increasing Awareness of the Social Recovery Dimension\n			Using a Common Language\n			Tackling Practical Barriers\n			Including Space and Time to Sustain Recovery\n			Adjusting Professionals’ Training Programs\n			Implementing Policies that Enable Continuity in Relationships\n			Debating Tensions\n		Conclusion\n		References\nPart IV Alternatives to Current Punishment Practices\n	26 Punishment and Its Alternatives\n		America Embraces Tough on Crime\n		What Did Tough on Crime Cost?\n		What Did Tough on Crime Accomplish?\n		The Functions of Punishment\n		Why Punishment Does Not Reduce Crime and Recidivism\n		Where Do We Go From Here?\n		Prosecutorial and Judicial Decision Making\n		Making Recidivism Reduction a Priority\n		Diversion is Key\n		Conclusion\n		Note\n		References\n	27 Pre-Trial Detention and the Supplanting of Our Adversarial System: A Case for Abolition\n		Pre-Trial Detention: The Supplanting of our Adversarial System for Adjudicating Guilt and Imposing Punishment\n		Adjudication of Guilt and Imposition of Punishment: an Unacknowledged Goal of Pre-Trial Detention\n		A Solution to Our Current Crisis: End all Pre-Trial Detention\n		References\n	28 A Non-Punitive Alternative to Retributive Punishment\n		Free Will Skepticism\n		Further Reasons to Reject Retributivism\n		The Public Health-Quarantine Model\n		Implications\n		Conclusion\n		Notes\n		References\n	29 The Takings Doctrine and the Principle of Legality\n		Introduction\n		Section 1\n		Section 2\n		Section 3\n		Section 4\n		Section 5\n		Notes\n		References\n	30 How to Transform a Static Security Prison into a Dynamic Organism for Change and Growth\n		Introduction\n		Principle 1– The Prison Sentence Must Be Limited to Deprivation of Liberty. Full Stop!\n		Principle 2 – Prison Staff Motivation, Attitudes and Competencies\n		Principle 3 – Consciousness and Will, On Affiliation and Complicity\n		Principle 4 – Prison as a Society, cf. Principle of Normality\n		Principle 5 – Dialogue and Equality\n		Principle 6 – Relationships and Environment\n		Principle 7 – Development and Transfer of Responsibility\n		Principle 8 – Respect\n		Principle 9 – Focus on Here and Now\n		Principle 10 – Focus on What IS\n		Principle 11 – Prison as an Arena for Learning Democracy\n		Principle 12 – Security\n		Closing Remarks\n		Notes\n	31 Towards a Strengths-based Focus in the Criminal Justice System for Drug-using Offenders\n		The Complex Relationship between Drug Use and Offending\n		The Relationship between Recovery and Desistance\n		Recovery and Desistance in the Criminal Justice System\n			Treatment as One of the Pathways to Recovery\n			Looking Beyond the Risks and Focusing on Empowerment\n			Example of a Promising Strengths-based Approach in the Criminal Justice System for Drug-using Offenders: the Drug (Treatment)\n		Life After Punishment: The Hard Work of Recovery and Desistance Happens in the Community\n		Conclusion\n		Notes\n		References\nIndex