Justifications for punishment are generally grounded in retribution or consequentialism. Retribution is rooted in and legitimized by common sense notions of free will, claiming that offenders freely and rationally choose to commit a criminal act, and are therefore deserving of punishment. Consequentialism does not necessitate a reliance on a belief in free will, and views punishment as means to a valuable end.
View Article and Find Full Text PDFJ Child Sex Abus
October 2021
Individuals who have been sex trafficked are continuously being targeted for prostitution and other related offenses instead of being recognized for their victimization. This may occur due to a fundamental lack of understanding of the sex-trafficked experience, allowing for misperceptions to form unhindered. Individuals with these misperceptions then go on to form laws and services intended to aid victims, but instead leave them vulnerable and criminalized.
View Article and Find Full Text PDFGenerally, a criminal statute must consist of two essential elements: a description of the forbidden act (actus reus) and a designation of a guilty mental state (mens rea). For a crime to be committed, an individual must commit the forbidden act with the culpable mental state. For any criminal act, both criminal liability and the possible punishment turn largely on retrospective judgments by legal decision-makers about what a defendant was or was not thinking at the time of committing the forbidden act.
View Article and Find Full Text PDFCriminal punishment is justified on either retributive or consequential grounds. The retributive justification is premised on a common-sense view of free will: offenders can freely choose to commit crimes and so deserve blame for their actions. The consequentialist justification, in contrast, is not necessarily premised on the free will concept, but rather justifies punishment when it is the most cost-effective way of preventing crime.
View Article and Find Full Text PDFCriminal responsibility in the American legal system requires the presence of an actus reus-a harmful act that was committed voluntarily-and a mens rea, or guilty mind. Courts frequently consider questions surrounding mens rea but rarely question whether an act was committed voluntarily. Thus, courts presume that acts have been committed voluntarily and with an ill will; retribution, which serves the primary basis for punishment in the USA, relies on this presumption.
View Article and Find Full Text PDFThis study describes the development of two versions of a Health Care Justice Inventory (HCJI). One version focuses on patients' interactions with their providers (HCJI-P) and the other focuses on patients' interactions with the representatives of their health plans (HCJI-HP). Each version of the HCJI assesses patients' appraisals of their interactions (with either their Provider or representatives of their Health Plan) along three common dimensions of procedural justice: Trust, Impartiality, and Participation.
View Article and Find Full Text PDFAm J Community Psychol
August 2002
In this paper we address the pervasive tendency in community psychology to treat values like social justice only as general objectives rather than contested theoretical concepts possessing identifiable empirical content. First we discuss how distinctive concepts of social justice have figured in three major intellectual traditions within community psychology: (1) the prevention and health promotion tradition, (2) the empowerment tradition, and most recently, (3) the critical tradition. We point out the epistemological gains and limitations of these respective concepts and argue for greater sensitivity to the context dependency of normative concepts like social justice.
View Article and Find Full Text PDFJ Community Psychol
October 1989
This article examines the interrelation between negative life events, ongoing life strains, and coping responses in a longitudinal study of clinically depressed and healthy adults. A two-wave, two-variable panel regression analysis revealed moderate stability of both life stressors and coping over a 1-year interval. The connections between life stressors and coping varied by group status and across specific types of stressors and modes of coping.
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