By E. Allan Farnsworth
Within the up to date, fourth version of this vintage textual content which has been translated into over a dozen languages, constitutional pupil and Columbia legislations institution professor E. Allan Farnsworth presents a transparent clarification of the constitution and serve as of the U.S. felony process in a single convenient reference. An creation to the criminal process of the us, Fourth variation is designed to be a basic advent to the constitution and serve as of the felony method of the USA, and is mainly worthwhile for these readers who lack familiarity with basic institutions and practices.
This textual content additionally provides the reader a transparent figuring out of ways to investigate the legislation, the significance of case legislation as opposed to statutes, and the variation among inner most and public legislations. It illustrates concerns that could be complicated or challenging and offers an outstanding common evaluation. It incorporates a new advent by means of Steve Sheppard.
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Additional resources for An Introduction to the Legal System of the United States (4th Edition)
However, we can quickly identify the mistake in the consequentialist’s argument. He has made a tacit assumption that is faulty: that the two situations (killing a person versus letting a person die) are morally equivalent, and that their equivalence reduces to their producing identical consequences. That is, the argument assumes the consequentialist principle that all and only consequences matter morally. But the consequentialist misses a crucial moral distinction that is essential to common sense morality: the distinction between the intended results of one’s action versus the foreseen results or side effects.
Whether such methods work is of course a major problem, and the rehabilitative ideal is virtually dead nowadays (except in small pockets of criminal justice, such as drug treatment programs). In fact, the current consensus is that the current system of punishment has, if anything, an anti-rehabilitative effect, hardening prisoners into a life of ever more crime rather than the opposite. Nonetheless, it remains possible at least in principle that rehabilitation could serve as a method of crime prevention, even if we have so far been unable to make it work in practice.
That is the topic of the remainder of this chapter. 2 Crime Prevention and the Utilitarian Moral Theory The utilitarian or consequentialist moral theory holds that an action or practice is justified just in case it would lead to better overall consequences than any alternatives. ) along with all other social costs of the institution are outweighed by the positive benefits that result. Given that punishment involves the infliction of severe suffering on the prisoner (both in the form of pain and the deprivation of his happiness as a result of the loss of his freedom and even life), for the practice of punishment to be morally justified, there would have to be extremely large corresponding social benefits, presumably in the form of crime prevention.
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