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Deterrence (legal)
Deterrence in relation to criminal offending is the idea or theory that the threat of punishment will deter people from committing crime and reduce the probability and/or level of offending in society. It is one of five objectives that punishment is thought to achieve; the other four objectives are denunciation, incapacitation (for the protection of society), retribution and rehabilitation. Criminal deterrence theory has two possible applications: the first is that punishments imposed on individual offenders will deter or prevent that particular offender from committing further crimes; the second is that public knowledge that certain offences will be punished has a generalised deterrent effect which prevents others from committing crimes. Two different aspects of punishment may have an impact on deterrence, the first being the ''certainty of punishment'', by increasing the likelihood of apprehension and punishment, this may have a deterrent effect. The second relates to th ...
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Penology
Penology (also penal theory) is a Academic discipline, subfield of criminology that deals with the philosophy and practice of various societies in their attempts to repress crime, criminal activities, and satisfy public opinion via an appropriate treatment regime for persons convicted of criminal offences. The Oxford English Dictionary defines penology as "the study of the punishment of crime and prison management," and in this sense it is equivalent with corrections. The term ''penology'' comes from "penal", Latin ''poena'', "punishment" and the Ancient Greek, Greek suffix ''-logy, -logia'', "study of". Penology is concerned with the effectiveness of those social processes devised and adopted for the prevention of crime, via the repression or inhibition of criminal intent and the fear of punishment. The study of penology therefore deals with the treatment of prisoners and the subsequent rehabilitation of convicted criminals. It also encompasses aspects of probation (rehabilitatio ...
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Restitution
Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been unjustly enriched at the expense of another is required to make restitution. This principle derives from late Roman law, as stated in the Latin maxim attributed to Sextus Pomponius, ''Jure naturae aequum est neminem cum alterius detrimentum et injuria fieri locupletiorem'' ("By natural law it is just that no one should be enriched by another's loss or injury"). In civil law systems, it is also referred to as enrichment without cause or unjustified enrichment. In pre-modern English common law, restitutionary claims were often brought in an action for '' assumpsit'' and later in a claim for money had and received. The seminal case giving ...
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Victimology
Victimology is the study of victimization, including the psychological effects on victims, the relationship between victims and offenders, the interactions between victims and the criminal justice system—that is, the police and courts, and corrections officials—and the connections between victims and other social groups and institutions, such as the media, businesses, and social movements. Victim of a crime In criminology and criminal law, a victim of a crime is an identifiable person who has been harmed individually and directly by the perpetrator, rather than by society as a whole. However, this may not always be the case, as with victims of white collar crime, white-collar crime, who may not be clearly identifiable or directly linked to crime against a particular individual. Victims of white-collar crime are often denied their status as victims by the social construction of the concept. The Supreme Court of the United States first recognized the rights of crime victi ...
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Capital Punishment Debate In The United States
The debate over capital punishment in the United States existed as early as the colonial period. As of April 2022, it remains a legal penalty within 28 states, the federal government, and military criminal justice systems. The states of Colorado, Delaware, Illinois, Maryland, New Hampshire, Virginia, and Washington abolished the death penalty within the last decade alone. Gallup, Inc. has monitored support for the death penalty in the United States since 1937 by asking "Are you in favor of the death penalty for a person convicted of murder?" Opposition to the death penalty peaked in 1966, with 47% of Americans opposing it; by comparison, 42% supported the death penalty and 11% had "no opinion." The death penalty increased in popularity throughout the 1970s and 1980s, when crime went up and politicians campaigned on fighting crime and drugs; in 1994, the opposition rate was less than 20%, less than in any other year. Since then, the crime rate has fallen and opposition to the deat ...
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Brutalization
In criminology, brutalization refers to a hypothesized cause-and-effect relationship between executions and an increase in the homicide rate. This hypothesis proposes this relationship occurs because executions diminish the public's respect for life. Such an effect represents the opposite of a deterrent effect. Support A 1980 study found that in New York, there were an average of two additional homicides in the month after an execution, consistent with a brutalization effect. A 1994 study found evidence of this effect in Oklahoma, but only in relation to stranger homicides, while a 1998 study found strong evidence to support a hypothesis relating to the total number of homicides in Oklahoma. Opposition A 1978 study found no evidence to support the brutalization hypothesis. A 1994 study also found no evidence to support it with regards to overall homicides in Oklahoma. References Capital punishment Penology Criminology {{capital-punishment-stub ...
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Proportionality (law)
Proportionality is a general principle in law which covers several separate (although related) concepts: *The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, especially in constitutional law, as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the severity of the nature of the prohibited act. *Within criminal law, the concept is used to convey the idea that the punishment of an offender should fit the crime. *Under international humanitarian law governing the legal use of force in an armed conflict, ''proportionality'' and '' distinction'' are important factors in assessing military necessity. *Under the United Kingdom's Civil Procedure Rules, costs must be "proportionately and reasonably incurred", or "proportionate and reasonable in amount", if they are to form part of a court ruling on costs. Proportionality as a general princ ...
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Perception
Perception () is the organization, identification, and interpretation of sensory information in order to represent and understand the presented information or environment. All perception involves signals that go through the nervous system, which in turn result from physical or chemical stimulation of the sensory system.Goldstein (2009) pp. 5–7 Vision involves light striking the retina of the eye; smell is mediated by odor molecules; and hearing involves pressure waves. Perception is not only the passive receipt of these signals, but it is also shaped by the recipient's learning, memory, expectation, and attention. Gregory, Richard. "Perception" in Gregory, Zangwill (1987) pp. 598–601. Sensory input is a process that transforms this low-level information to higher-level information (e.g., extracts shapes for object recognition). The following process connects a person's concepts and expectations (or knowledge) with restorative and selective mechanisms, ...
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Common Knowledge
Common knowledge is knowledge that is publicly known by everyone or nearly everyone, usually with reference to the community in which the knowledge is referenced. Common knowledge can be about a broad range of subjects, such as science, literature, history, or entertainment. Since individuals often have different knowledge bases, common knowledge can vary and it may sometimes take large-scale studies to know for certain what is common knowledge amongst large groups of people. Often, common knowledge does not need to be cited. Common knowledge is distinct from general knowledge. In broader terms, common knowledge is used to refer to information that an agent would accept as valid, such as information that multiple users may know. Assigning something the label of common knowledge requires certain considerations about the involved community, group, society and/or individuals, the time period, and the location. Variation Defining something as common knowledge can differ based o ...
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Fetal Alcohol Spectrum Disorder
Fetal alcohol spectrum disorders (FASDs) are a group of conditions that can occur in a person who is exposed to alcohol during gestation. FASD affects 1 in 20 Americans, but is highly misdiagnosed and underdiagnosed. The several forms of the condition (in order of most severe to least severe) are: fetal alcohol syndrome (FAS), partial fetal alcohol syndrome (pFAS), alcohol-related neurodevelopmental disorder (ARND), and neurobehavioral disorder associated with prenatal alcohol exposure (ND-PAE). Other terms used are fetal alcohol effects (FAE), partial fetal alcohol effects (PFAE), alcohol-related birth defects (ARBD), and static encephalopathy, but these terms have fallen out of favor and are no longer considered part of the spectrum. Not all infants exposed to alcohol in utero will have detectable FASD or pregnancy complications. The risk of FASD increases with the amount consumed, the frequency of consumption, and the longer duration of alcohol consumption during pregnanc ...
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The Lancet
''The Lancet'' is a weekly peer-reviewed general medical journal, founded in England in 1823. It is one of the world's highest-impact academic journals and also one of the oldest medical journals still in publication. The journal publishes original research articles, review articles ("seminars" and "reviews"), editorials, book reviews, correspondence, as well as news features and case reports. ''The Lancet'' has been owned by Elsevier since 1991, and its editor-in-chief since 1995 has been Richard Horton. The journal has editorial offices in London, New York City, and Beijing. History ''The Lancet'' was founded in 1823 by Thomas Wakley, an English surgeon who named it after the surgical instrument called a lancet (scalpel). According to BBC, the journal was initially considered to be radical following its founding. Members of the Wakley family retained editorship of the journal until 1908. In 1921, ''The Lancet'' was acquired by Hodder & Stoughton. Elsevier acquire ...
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United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ...
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Retributive Justice
Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime. As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., '' schadenfreude'', sadism), and employs procedural standards. Retributive justice contrasts with other purposes of punishment such as deterrence (prevention of future crimes), exile (prevention of opportunity) and rehabilitation of the offender. The concept is found in most world cultures and in many ancient texts. Classical texts advocating the retributive view include Cicero's '' De Legibus'' (1st century BC), Immanuel Kant's ''Science of Right'' (1790), and Georg Wilhelm Friedrich Hegel's '' Elements of the Philosophy of Right'' (1821). The presence of retributive justice in ancient Jewish culture is shown by its mention in the law of Moses, which refers ...
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