New Criminal Law Review最新文献_第8页

The Prison as Reserve: Governmentality, Phenomenology, and Indigenizing the Prison (Studies) 作为储备的监狱:治理学、现象学与监狱本土化(研究)

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New Criminal Law Review Pub Date : 2018-11-01 DOI: 10.1525/NCLR.2018.21.4.640

K. Montford, D. Moore

引用次数: 9

Introduction to the Special Issue: On the Laws of Captivity 特刊导言:关于囚禁的法律

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New Criminal Law Review Pub Date : 2018-11-01 DOI: 10.1525/NCLR.2018.21.4.483

B. Arrigo, D. Polizzi

引用次数: 4

Captive Habits of Criminalization 犯罪化的习惯

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New Criminal Law Review Pub Date : 2018-11-01 DOI: 10.1525/NCLR.2018.21.4.492

G. Pavlich

{"title":"Captive Habits of Criminalization","authors":"G. Pavlich","doi":"10.1525/NCLR.2018.21.4.492","DOIUrl":"https://doi.org/10.1525/NCLR.2018.21.4.492","url":null,"abstract":"The 19th century proved to be an important moment for a discursive capture through which—as Foucault (1995) has famously described—diverse disciplinary powers expanded omnisciently to form modern, “carceral” societies. Included here was a regulatory focus on crime, capturing (identifying) criminals, and correcting them. The following paper examines specifically how Patrick Colquhoun approached such regulation by emphasizing “immoral habits” as a cause of crime that could be regulated, in concert, by civil society and criminal law. He called for the development of effective discipline-based policing to capture and control criminals in civil society, and to enable their subsequent arrogation by criminal law. Alongside Bentham’s panoptic surveillance, Colquhoun’s views on criminal habits called for expanding disciplined criminalization that tied social and legal governance. Two aspects of Colquhoun’s influential ideas are highlighted; namely, the social formation of immoral habits as the cause of crime, and the need for “energetic” systems of policing to embrace habits of criminalization. Together, these approaches to habit fostered massive, costly, and unequal criminal justice institutions that today form tenacious, marginalizing, and unequal relations of captivity. The scope of such enduring captivities might be curtailed by recalling their contingent emergence through historically distant trends, and by questioning their costly collective effects.","PeriodicalId":44796,"journal":{"name":"New Criminal Law Review","volume":"404 1","pages":"492-513"},"PeriodicalIF":0.4,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76806599","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Depth in 21st-Century Cells? European Salafi Jihadi Terrorism and Psychoanalysis in the Luciferian Age 21世纪细胞的深度?路西法时代的欧洲沙拉菲圣战恐怖主义和精神分析

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New Criminal Law Review Pub Date : 2018-11-01 DOI: 10.1525/NCLR.2018.21.4.592

R. Lippens

{"title":"Depth in 21st-Century Cells? European Salafi Jihadi Terrorism and Psychoanalysis in the Luciferian Age","authors":"R. Lippens","doi":"10.1525/NCLR.2018.21.4.592","DOIUrl":"https://doi.org/10.1525/NCLR.2018.21.4.592","url":null,"abstract":"The psychoanalytic interpretation of Salafi jihadism and terrorism, or the application of psychoanalytic categories to said issues, are not very common. Indeed the mobilization of psychoanalysis in this context very often prompts accusations of orientalism and cultural imperialism. Both academic discourse and, to a lesser extent, policy, tend to “explain,” whether genuinely, strategically or tactically, or diplomatically, the emergence of “home-grown” Salafism by pointing to social, welfare, or educational deficits in the jihadists’ biographies. In this article we make an attempt to focus on psychoanalysis (or “depth psychology,” as it was sometimes called in a now-bygone age) to shed light on the phenomenon. Taking cues from Jan Hendrik van den Berg’s neo-Freudian and phenomenology-inspired critique of classical psychoanalysis on the one hand, and Peter Sloterdijk’s recent work on bastardy on the other, we offer a reading of European home-grown Salafi jihadist and terrorist inclination as reactions to failure, and as manifestations of a deep sense of inadequacy, in some of those who are unable to live up to what has become the predominant, imperative code in the cultural mainstream: to live one’s life in radical, complete, and total sovereignty, undetermined and in absolute omnipotence. This code, and the exigencies it imposes, we suggest, have become mainstream in the age which we have called Luciferian.","PeriodicalId":44796,"journal":{"name":"New Criminal Law Review","volume":"47 1","pages":"592-614"},"PeriodicalIF":0.4,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82277099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Challenging the Punitiveness of “New-Generation” Sorn Laws 挑战“新一代”刑法的惩罚性

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New Criminal Law Review Pub Date : 2018-08-01 DOI: 10.1525/NCLR.2018.21.3.426

Wayne A. Logan

{"title":"Challenging the Punitiveness of “New-Generation” Sorn Laws","authors":"Wayne A. Logan","doi":"10.1525/NCLR.2018.21.3.426","DOIUrl":"https://doi.org/10.1525/NCLR.2018.21.3.426","url":null,"abstract":"Sex offender registration and notification (SORN) laws have been in effect nationwide since the 1990s, and publicly available registries today contain information on hundreds of thousands of individuals. To date, most courts, including the Supreme Court in 2003, have concluded that the laws are regulatory, not punitive, in nature, allowing them to be applied retroactively consistent with the Ex Post Facto Clause. Recently, however, several state supreme courts, as well as the Sixth Circuit Court of Appeals, addressing challenges lodged against new-generation SORN laws of a considerably more onerous and expansive character, have granted relief, concluding that the laws are punitive in effect. This article examines these decisions, which are distinct not only for their results, but also for the courts’ decidedly more critical scrutiny of the justifications, purposes, and efficacy of SORN laws. The implications of the latter development in particular could well lay the groundwork for a broader challenge against the laws, including one sounding in substantive due process, which unlike ex post facto–based litigation would affect the viability of SORN vis-a-vis current and future potential registrants.","PeriodicalId":44796,"journal":{"name":"New Criminal Law Review","volume":"8 1","pages":"426-457"},"PeriodicalIF":0.4,"publicationDate":"2018-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73216408","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The Expansion of Child Pornography Law 扩大儿童色情法

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New Criminal Law Review Pub Date : 2018-08-01 DOI: 10.1525/NCLR.2018.21.3.321

Carissa Byrne Hessick

引用次数: 2

Sex Panic and Denial 性恐慌和拒绝

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New Criminal Law Review Pub Date : 2018-08-01 DOI: 10.1525/NCLR.2018.21.3.458

Corey Rayburn Yung

引用次数: 0

Fourth Amendment Constraints on the Technological Monitoring of Convicted Sex Offenders 第四修正案对已定罪性罪犯技术监控的约束