Efnisyfirlit

• Half-title
• Title
• Copyright
• Dedication
• Contents
• Acknowledgments
• Introduction
• Part I Criminalization
• 1 Civil society: its institutions and major players
• Moral foundations of liberal democracy
• Role morality
• Coping with diversity
• Conclusion
• 2 Crime and the limits of criminalization
• What makes conduct criminal?
• Traditional approaches
• Mala in se and mala prohibita
• Actus reus and mens rea
• Voluntariness and responsibility
• Moral turpitude and moral failure
• The harm principle
• Who should decide?
• The challenge of diversity
• The multicultural challenge
• Moral autonomy and the limits of private judgment
• Conclusion
• 3 Constraints on governmental agents
• Are the ends good or good enough?
• Are the means proportionate to the end?
• Can the ends be secured in a less invasive manner?
• Will the means secure the ends?
• Is there something intrinsically problematic about the means?
• Will the means have deleterious consequences that would make their use inappropriate?
• Part II Policing
• 4 Tensions within the police role
• Evolution of the police role
• Enforcers?
• Social peacekeepers
• Community policing
• Responding to tensions
• Social peacekeeping and professionalism
• Conclusion
• 5 The burdens of discretion
• What is discretion?
• Types of discretion
• Scope
• Interpretation
• Priority
• Tactics
• Justifying discretion
• Selective enforcement
• Full enforcement requirements
• Rule of law
• Vagueness and uncertainty
• Discrimination
• Constraining discretion
• Conclusion
• 6 Coercion and deception
• Coercion
• Intermediate force
• Deadly force
• Deception and lying
• Investigation
• Interrogation
• Testimony
• Conclusion
• Part III Courts
• 7 Prosecutors: seeking justice through truth?
• The prosecutorial role
• Prosecutorial discretion
• Plea-bargaining
• Prosecutorial misconduct
• Jury skewing
• Withholding of information that could affect the outcome of a criminal case
• Use of questionable expertise
• Coaching witnesses
• Opening and closing misconstruals
• Resistance to post-conviction appeals
• Conclusion
• 8 Defense lawyers: zealous advocacy?
• The right to counsel
• Defense counsel–client relations
• Loyalty
• Disinterestedness
• Confidentiality
• Zealous advocacy
• The limits of advocacy
• The problem of perjury
• Client misconduct
• Courtroom tactics
• 9 The impartial judge?
• The critical importance of the judiciary
• Norms of judicial conduct
• Independence
• Impartiality
• Integrity
• Judicial accountability
• 10 Juries: the lamp of liberty?
• Jury foundations
• Jury powers and responsibilities
• Composition and deliberation
• Size and unanimity
• Part IV Corrections
• 11 Punishment and its alternatives
• What is punishment?
• Justifying punishment
• Multiple questions
• Multiple options
• The authority to punish
• Quantifying punishment
• Capital punishment
• Restorative alternatives
• 12 Imprisonment and its alternatives
• Justifying imprisonment
• Consequentialist arguments
• Nonconsequentialist considerations
• Privatization
• Who should be imprisoned?
• Conditions of confinement
• Space and environment
• Work and activity
• Amenities
• Visitation and access
• Opportunities
• Abolition
• 13 The role of correctional officers
• Custodial ends and professionalism
• Custody
• Control
• Care
• Correctional Officers’ Creed
• Confronting tensions
• Tensions among custodial goals
• Tensions between ideals and culture
• Tensions between officers and those to whom they are accountable
• Tensions between officers and prisoners
• Tensions between officers and professionals who work in a prison setting
• Whither corrections?
• 14 Reentry and collateral consequences
• Roadblocks to reentry
• Civil disqualifications or punishments?
• Grounds for disqualification
• The case of voting
• Unblocking reentry
• Selected further reading
• General
• Part I: Criminalization
• Chapter 1
• Chapter 2
• Chapter 3
• Part II: Policing
• Chapter 4
• Chapter 5
• Chapter 6
• Part III: Courts
• Chapter 7
• Chapter 8
• Chapter 9
• Chapter 10
• Part IV: Corrections
• Chapter 11
• Chapter 12
• Chapter 13
• Chapter 14
• Index