By Ray  Madding  Mcconnell

Ray Madding McConnell’s Criminal Responsibility and Social Constraint first appeared in 1912 as one of the more philosophically ambitious works of the American Progressive Era. Though rarely cited today, the book occupies a fascinating place in the early twentieth-century dialogue between philosophy, criminology, and legal reform. Its author, who died shortly before the book’s publication, taught social ethics at Harvard and belonged to a generation deeply convinced that clearer thought could repair the accumulating confusions of modern criminal law. His book is therefore both a legacy and an argument: a legacy of Progressive rationalism and an argument for reconsidering the foundations of punishment in an age increasingly aware of causation, psychology, and social science.

More than a century after its publication, Criminal Responsibility and Social Constraint offers a valuable perspective for scholars, legal theorists, and reformers. It is a window into the moment when American thought on crime and punishment began to absorb scientific psychology, social statistics, and philosophical determinism. It presents an early, coherent version of a consequentialist theory of punishment that still structures major parts of modern practice. And it invites readers to confront the perennial tension between causation and accountability: how can a society committed to science and determinism still punish, censure, and regulate?

McConnell’s answer is that responsibility is a socially constructed tool—one that must be justified by its utility rather than by metaphysical claims about freedom. Whether one accepts or contests that answer, it remains a stimulus to deeper thinking about the moral and practical foundations of the criminal law. In that sense, McConnell’s book continues to speak forcefully to our age, reminding us that the architecture of justice must rest on reasons we can defend, not merely on traditions we have inherited.

Read-Me.Org Inc. New York-Philadelphia-Australia. 2025. p.234.

By Alexandra Gannoni and Samantha Bricknell

“The purpose of this paper is to provide a picture of trends and characteristics of Indigenous deaths in prison and police custody in the 25 years since the RCIADIC. A key focus is to describe the circumstances of Indigenous deaths in custody and how these compare with those reported by the RCIADIC and over time."The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) was established in 1987 in response to growing concern over the deaths of Indigenous people in custody. The RCIADIC (1991) found Indigenous people in custody did not die at a greater rate than non-Indigenous people in custody, but were considerably more likely to be arrested and imprisoned. The RCIADIC (1991) recommended an ongoing program be established by the Australian Institute of Criminology (AIC) to monitor Indigenous and non-Indigenous deaths in prison, police custody and youth detention. In response, the National Deaths in Custody Program (NDICP) commenced in 1992. Since then, the NDICP has collected comprehensive data on the extent and nature of all deaths in custody in Australia.”

Australian Institute of Criminology. Statistical Bulletin. No. 17. Feb. 2019. 15p.

By Reprieve

Researchers at Reprieve conducted an in-depth comparative study of botched lethal injection executions in the modern era of the U.S. death penalty, cross-referenced against the 1,407 lethal injection executions carried out or attempted during that period. The research found that: • Black people had 220% higher odds of suffering a botched lethal injection execution than white people. • Botched lethal injection executions occurred whether a one-drug or a three-drug protocol was used, and regardless of whether the primary drug was sodium thiopental, pentobarbital or midazolam. • Botched lethal injection executions typically lasted a very long time. Over a third lasted over 45 minutes; over a quarter lasted an hour or more. • The odds of a botched lethal injection execution increased by 6% on average for each additional year of age. • In the state of Arkansas, 75% of botched lethal injection executions were of Black people, despite executions of Black people accounting for just 33% of all executions.

In the state of Georgia, 86% of botched lethal injection executions were of Black people, despite executions of Black people accounting for just 30% of all executions. • In the state of Oklahoma, 83% of botched lethal injection executions were of Black people, despite executions of Black people accounting for just 30% of all executions. • Secrecy and haste were found to be factors contributing to increased rates of botched and prolonged executions.   

New Orleans LA: Reprieve. 2024, 36pg