Criminal Justice Ethics

A semiannual journal focusing on ethical issues in criminal justice. Includes articles on topics relating to the police, the courts, corrections, and issues in legal philosophy contributed by philosophers, criminal justice professionals, lawyers and judge

Articles from Vol. 21, No. 2, Summer-Fall

Afterword: Proportionality and the Difference Death Makes
Anyone who reflects on the practice of capital punishment has to work through two issues. The first is that of the justification of punishment in general, the second is that of the place of death within his or her overall theory of punishment. It appears...
A Sound Retributive Argument for the Death Penalty
Claire Finkelstein's primary conclusion is that "retributivism fails to justify the use of death as punishment." (1) By "justify," Finkelstein seems to mean no more than "show to be morally permitted." I shall "justify" the death penalty in a somewhat...
Caution about Character Ideals and Capital Punishment: A Reply to Sorell
Tom Sorell's essay raises the fresh issue of how the criminal should behave were she now to behave as well as possible given that she has already committed a terrible crime. (1) Sorell argues that the "ideally responsible agent" who has engaged in...
Death and Retribution
I Introduction It is often supposed that a theory of punishment predicated on desert lends support to the death penalty. What leads to this assumption is a prior thought about the appropriate punishment for murder: If we are to punish murderers...
Publications Received
Jeannine Bell, Policing Hatred: Law Enforcement, Civil Rights, and Hate Crime. (New York, NY: New York University Press, 2002) vii + 227 pp. Mike Brogden, Preeti Nijhar, Crime, Abuse, and the Elderly. (Devon, UK: Willan Publishing, 2000) vii + 191...
Public Health and Civil Liberties in an Era of Bioterrorism
Safeguarding the public's health, safety, and security took on new meaning and urgency after the attacks on the World Trade Towers in New York and the Pentagon in Washington, D.C., on September 11, 2001. The subsequent intentional dispersal of anthrax...
Retribution, Deterrence, and the Death Penalty: A Response to Hugo Bedau
Hugo Bedau gives a clear and well-reasoned argument against the death penalty, based on the premise that the state ought to use the least harsh or intrusive means needed to ensure public safety. I share Bedau's feeling against the death penalty. But...
The Minimal Invasion Argument against the Death Penalty
I Introduction When abolitionists attack the death penalty, they typically do so with a wide variety of arguments. Norms such as the value of human life and respect for human life often play a decisive role. For some abolitionists, the death penalty...
The Perp Walk: Due Process V. Freedom of the Press
The "perp walk"--as it is popularly known--is a widespread police practice ... in which the suspected perpetrator of a crime, after being arrested, is "walked" in front of the press so that he can be photographed or filmed. The perp walk both publicizes...
Two Ideals and the Death Penalty
When Kant argued in favor of capital punishment in the Metaphysics of Morals, he was justifying a penal institution in an idealized civil state. He gave reasons for thinking that murder and rebellion were capital crimes, but he did not claim that murderers...