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Author: Rebecca Tiger Publisher: NYU Press ISBN: 0814784062 Category : Law Languages : en Pages : 208
Book Description
The number of people incarcerated in the U.S. now exceeds 2.3 million, due in part to the increasing criminalization of drug use: over 25% of people incarcerated in jails and prisons are there for drug offenses. Judging Addicts examines this increased criminalization of drugs and the medicalization of addiction in the U.S. by focusing on drug courts, where defendants are sent to drug treatment instead of prison. Rebecca Tiger explores how advocates of these courts make their case for what they call “enlightened coercion,” detailing how they use medical theories of addiction to justify increased criminal justice oversight of defendants who, through this process, are defined as both “sick” and “bad.” Tiger shows how these courts fuse punitive and therapeutic approaches to drug use in the name of a “progressive” and “enlightened” approach to addiction. She critiques the medicalization of drug users, showing how the disease designation can complement, rather than contradict, punitive approaches, demonstrating that these courts are neither unprecedented nor unique, and that they contain great potential to expand punitive control over drug users. Tiger argues that the medicalization of addiction has done little to stem the punishment of drug users because of a key conceptual overlap in the medical and punitive approaches—that habitual drug use is a problem that needs to be fixed through sobriety. Judging Addicts presses policymakers to implement humane responses to persistent substance use that remove its control entirely from the criminal justice system and ultimately explores the nature of crime and punishment in the U.S. today.
Author: Rebecca Tiger Publisher: NYU Press ISBN: 0814785964 Category : Social Science Languages : en Pages : 210
Book Description
The number of people incarcerated in the U.S. now exceeds 2.3 million, due in part to the increasing criminalization of drug use: over 25% of people incarcerated in jails and prisons are there for drug offenses. Judging Addicts examines this increased criminalization of drugs and the medicalization of addiction in the U.S. by focusing on drug courts, where defendants are sent to drug treatment instead of prison. Rebecca Tiger explores how advocates of these courts make their case for what they call “enlightened coercion,” detailing how they use medical theories of addiction to justify increased criminal justice oversight of defendants who, through this process, are defined as both “sick” and “bad.” Tiger shows how these courts fuse punitive and therapeutic approaches to drug use in the name of a “progressive” and “enlightened” approach to addiction. She critiques the medicalization of drug users, showing how the disease designation can complement, rather than contradict, punitive approaches, demonstrating that these courts are neither unprecedented nor unique, and that they contain great potential to expand punitive control over drug users. Tiger argues that the medicalization of addiction has done little to stem the punishment of drug users because of a key conceptual overlap in the medical and punitive approaches—that habitual drug use is a problem that needs to be fixed through sobriety. Judging Addicts presses policymakers to implement humane responses to persistent substance use that remove its control entirely from the criminal justice system and ultimately explores the nature of crime and punishment in the U.S. today.
Author: Jacob Stegenga Publisher: Oxford University Press ISBN: 0198747047 Category : Medical Languages : en Pages : 242
Book Description
Medical nihilism is the view that we should have little confidence in the effectiveness of medical interventions. Jacob Stegenga argues persuasively that this is how we should see modern medicine, and suggests that medical research must be modified, clinical practice should be less aggressive, and regulatory standards should be enhanced.
Author: Rebecca Tiger Publisher: NYU Press ISBN: 0814784062 Category : Law Languages : en Pages : 208
Book Description
The number of people incarcerated in the U.S. now exceeds 2.3 million, due in part to the increasing criminalization of drug use: over 25% of people incarcerated in jails and prisons are there for drug offenses. Judging Addicts examines this increased criminalization of drugs and the medicalization of addiction in the U.S. by focusing on drug courts, where defendants are sent to drug treatment instead of prison. Rebecca Tiger explores how advocates of these courts make their case for what they call “enlightened coercion,” detailing how they use medical theories of addiction to justify increased criminal justice oversight of defendants who, through this process, are defined as both “sick” and “bad.” Tiger shows how these courts fuse punitive and therapeutic approaches to drug use in the name of a “progressive” and “enlightened” approach to addiction. She critiques the medicalization of drug users, showing how the disease designation can complement, rather than contradict, punitive approaches, demonstrating that these courts are neither unprecedented nor unique, and that they contain great potential to expand punitive control over drug users. Tiger argues that the medicalization of addiction has done little to stem the punishment of drug users because of a key conceptual overlap in the medical and punitive approaches—that habitual drug use is a problem that needs to be fixed through sobriety. Judging Addicts presses policymakers to implement humane responses to persistent substance use that remove its control entirely from the criminal justice system and ultimately explores the nature of crime and punishment in the U.S. today.
Author: Bruce J. Winick Publisher: ISBN: Category : Law Languages : en Pages : 362
Book Description
Part I of this book describes the newly emerging problem-solving courts (such as drug treatment courts, domestic violence courts, mental health courts, etc.) and other related approaches to problem-solving judging and judging with an explicit ethic of care. Authors Winick and Wexler show how judges can use therapeutic jurisprudence not only in specialized problem-solving courts, but in general civil and criminal judicial settings as well. In Part II, the book covers emerging "principles" of therapeutic jurisprudence that seem to be at work in successful judicial approaches: how courts can encourage offender reform, how they can help offenders develop problem-solving and coping skills, how they can encourage offender compliance with release conditions, how they can serve as effective risk managers, and much more. "Rarely does the academic work of law scholars have such a clear-cut impact in shaping the research agendas of a broad range of legal academics. Rarer still are the times when such legal scholarship positively impacts the working lives of judges and practicing lawyers. As these essays make abundantly clear, therapeutic jurisprudence has come of age as a legal discipline in its own right, ready to be further tested carefully and strategically within our judicial system... The authors assembled in this worthy volume believe strongly in the law's potential to serve as a 'healing agent' and seek to cast judges and lawyers in the roles of peacemakers and creative problem-solvers. Their vision deserves our serious consideration." -- The Journal of Legal Medicine "Winick and Wexler have gathered an impressive collection that both introduces the topic to newcomers and provides additional depth for those already generally aware of the concepts." -- Steve Leben in The Justice System Journal
Author: Alex Broadbent Publisher: Oxford University Press ISBN: 0190612169 Category : Philosophy Languages : en Pages : 306
Book Description
Philosophy of Medicine asks two central questions about medicine: what is it, and what should we think of it? Philosophy of medicine itself has evolved in response to developments in the philosophy of science, especially with regard to epistemology, positioning it to make contributions that are medically useful. This book locates these developments within a larger framework, suggesting that much philosophical thinking about medicine contributes to answering one or both of these two guiding questions. Taking stock of philosophy of medicine's present place in the landscape and its potential to illuminate a wide range of areas, from public health to policy, Alex Broadbent introduces various key topics in the philosophy of medicine. The first part of the book argues for a novel view of the nature of medicine, arguing that medicine should be understood as an inquiry into the nature and causes of health and disease. Medicine excels at achieving understanding, but not at translating this understanding into cure, a frustration that has dogged the history of medicine and continues to the present day. The second part of the book explores how we ought to consider medicine. Contemporary responses, such as evidence-based medicine and medical nihilism, tend to respond by fixing high standards of evidence. Broadbent rejects these approaches in favor of Medical Cosmopolitanism, or a rejection of epistemic relativism and pluralism about medicine that encourages conversations between medical traditions. From this standpoint, Broadbent opens the way to embracing alternative medicine. An accessible and user-friendly guide, Philosophy of Medicine puts these different debates into perspective and identifies areas that demand further exploration.
Author: Steven Woloshin Publisher: Univ of California Press ISBN: 0520252225 Category : Family & Relationships Languages : en Pages : 154
Book Description
Understanding risk -- Putting risk in perspective -- Risk charts : a way to get perspective -- Judging the benefit of a health intervention -- Not all benefits are equal : understand the outcome -- Consider the downsides -- Do the benefits outweight the downsides? -- Beware of exaggerated importance -- Beware of exaggerated certainty -- Who's behind the numbers?
Author: John Reilly Publisher: Rocky Mountain Books Ltd ISBN: 1926855116 Category : Biography & Autobiography Languages : en Pages : 266
Book Description
Early in his career, Judge John Reilly did everything by the book. His jurisdiction included a First Nations community plagued by suicide, addiction, poverty, violence and corruption. He steadily handed out prison sentences with little regard for long-term consequences and even less knowledge as to why crime was so rampant on the reserve in the first place. In an unprecedented move that pitted him against his superiors, the legal system he was part of, and one of Canada’s best-known Indian chiefs, the Reverend Dr. Chief John Snow, Judge Reilly ordered an investigation into the tragic and corrupt conditions on the reserve. A flurry of media attention ensued. Some labelled him a racist; others thought he should be removed from his post, claiming he had lost his objectivity. But many on the Stoney Reserve hailed him a hero as he attempted to uncover the dark challenges and difficult history many First Nations communities face. At a time when government is proposing new “tough on crime” legislation, Judge Reilly provides an enlightening and timely perspective. He shows us why harsher punishments for offenders don’t necessarily make our societies safer, why the white justice system is failing First Nations communities, why jail time is not the cure-all answer some think it to be, and how corruption continues to plague tribal leadership.
Author: Robert A. Katzmann Publisher: Oxford University Press ISBN: 0199362149 Category : Law Languages : en Pages : 184
Book Description
In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Author: Peter J. Leithart Publisher: InterVarsity Press ISBN: 0830827226 Category : Religion Languages : en Pages : 374
Book Description
Peter Leithart weighs what we've been taught about Constantine and claims that in focusing on these historical mirages we have failed to notice the true significance of Constantine and Rome baptized. He reveals how beneath the surface of this contested story there lies a deeper narrative--a tectonic shift in the political theology of an empire--with far-reaching implications.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Rebecca Tiger
Author: Rebecca Tiger
Author: Jacob Stegenga
Author: Rebecca Tiger
Author: Bruce J. Winick
Author: Alex Broadbent
Author: Steven Woloshin
Author: John Reilly
Author: Robert A. Katzmann
Author: Peter J. Leithart
Author: American Bar Association. House of Delegates