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4 Toward an Integrated Theory of Criminal Punishment
-
Herbert L. Packer
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Chapters in this book
- Frontmatter i
- Contents vii
- Priface 1
- Introduction: The Argument and Its Audience 3
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PART I: RATIONALE
- 1 The Dilemma of Punishment 7
- 2 The Meaning of Punishment 17
- 3 Justifications for Criminal Punishment 35
- 4 Toward an Integrated Theory of Criminal Punishment 62
- 5 Culpability and Conduct 71
- 6 Culpability and Excuses 103
- 7 Proof and Proportionality 136
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PART II: PROCESS
- 8 Two Models of the Criminal Process 147
- 9 The Models in Operation: From Arrest to Charge 174
- 10 The Models in Operation: From Charge to Guilt Determination 205
- 11 The Models in Operation: Review of Errors 227
- 12 The Trend and Its Impact: A Tentative Appraisal 239
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PART III: LIMITS
- 13 An Approach to the Problem of Limits 247
- 14 The Search for Limits: Law and Morals 261
- 15 The Search for Limits: Profit and Loss 270
- 16 The Criteria Applied: Morals Offenses 296
- 17 The Criteria Applied: Miscellaneous Offenses 332
- Conclusion: Means and Ends 364
- Bibliographical Note 369
- Index 379
Chapters in this book
- Frontmatter i
- Contents vii
- Priface 1
- Introduction: The Argument and Its Audience 3
-
PART I: RATIONALE
- 1 The Dilemma of Punishment 7
- 2 The Meaning of Punishment 17
- 3 Justifications for Criminal Punishment 35
- 4 Toward an Integrated Theory of Criminal Punishment 62
- 5 Culpability and Conduct 71
- 6 Culpability and Excuses 103
- 7 Proof and Proportionality 136
-
PART II: PROCESS
- 8 Two Models of the Criminal Process 147
- 9 The Models in Operation: From Arrest to Charge 174
- 10 The Models in Operation: From Charge to Guilt Determination 205
- 11 The Models in Operation: Review of Errors 227
- 12 The Trend and Its Impact: A Tentative Appraisal 239
-
PART III: LIMITS
- 13 An Approach to the Problem of Limits 247
- 14 The Search for Limits: Law and Morals 261
- 15 The Search for Limits: Profit and Loss 270
- 16 The Criteria Applied: Morals Offenses 296
- 17 The Criteria Applied: Miscellaneous Offenses 332
- Conclusion: Means and Ends 364
- Bibliographical Note 369
- Index 379