Kahan what do alternative sanctions mean

Some alternatives to imprisonment, such as corporal punishment, are barely conceivable. Others, including fines and community service, do exist but are used sparingly and with great reluctance.

The singularity of American criminal punishments has been widely lamented. Imprisonment is harsh and degrading for offenders and extraordinarily expensive for society.

Nor is there any evidence that imprisonment is more effective than its rivals in deterring various crimes. For these reasons, theorists of widely divergent orientations-from economics-minded conservatives to reform-minded civil libertarians-are united in their support for alternative sanctions.

Law Commons. Advanced Search. Privacy Copyright. Skip to main content. Faculty Scholarship Series. Authors Dan M. More Filters. The Justice of Mercy. The problem of 'justifying' mercy is old, but it has resurfaced recently in light of debates over "restorative justice" alternatives to state-imposed retributive punishment.

We wonder whether a … Expand. Two different notions of justice might motivate people to demand punishment of an offender. View 1 excerpt, cites background. Back to the Pillory.

When one motions to deploy shaming as punishment, a seconder is often hard to find. Yet, this chapter argues, shame is a deeply democratic and communitarian form of social control, as punishment is … Expand. Collateral consequences of criminal convictions are restrictions, penalties, and sanctions generally not included in penal codes or sentencing guidelines, but resulting from criminal convictions … Expand.

View 1 excerpt. We seek to answer the question as to whether international law imposes meaningful constraints on state behaviour. Unabated drone strikes by the dominant superpower in foreign territories, an … Expand. Restorative Justice: What is it and Does it Work? This article reviews the now extensive literature on the varied arenas in which restorative justice is theorized and practiced—criminal violations, community ruptures and disputes, civil wars, regime … Expand.

Punishment and the State. Criminal sanctions are typically inflicted by the state and by the state alone. This chapter investigates by using tools of political philosophy the normative rationales for the exclusive control … Expand.

Every western society embraces the ideal of equality before the criminal law. However, as this Article observes, that ideal is understood differently in the United States and Continental Europe. Formally shaming white-collar criminals. The dust has settled, and the corporate scandals are in the rearview mirror for most executives and managers.