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- Title
Accountability in criminal justice.
- Authors
Kelly, Erin I.
- Abstract
The article explores the relationship between justice and moral accountability in criminal law. It argues that the current punitive approach in the United States fails to consider ethical factors that mitigate individual accountability for criminal wrongdoing. The article suggests a restorative practice of accountability that could alleviate tensions between the political and moral aspects of criminal law. It also discusses the role of punishment in upholding rights-protecting rules and emphasizes the importance of considering the impact of social and natural contingencies on criminal behavior. The article concludes by advocating for a reorganization of the practice of punishment to promote social reintegration and democratic equality.
- Subjects
JUSTICE; RAWLS, John, 1921-2002; CRIMINAL liability; PUNISHMENT; LIBERALISM; MENTAL health services; LEX talionis; PRACTICAL reason; CRIMINAL justice system
- Publication
Journal of Social Philosophy, 2024, Vol 55, Issue 2, p317
- ISSN
0047-2786
- Publication type
Article
- DOI
10.1111/josp.12560