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Criminal Responsibility And Partial Excuses
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Book Synopsis Criminal Responsibility and Partial Excuses by : George Mousourakis
Download or read book Criminal Responsibility and Partial Excuses written by George Mousourakis and published by Routledge. This book was released on 2018-12-17 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publsihed in 1998, this book examines the relationship between responsibility and criminal liability through an analysis of provocation and related criminal defences. It begins by identifying fundamental questions about the role of justifications and excuses in the criminal law as they emerge from the discussion of philosophical theories of responsibility. Following an outline of the distinction between murder and manslaughter and its history, the basic doctrinal issues relating to the nature and rationale of provocation and other partial defences are then identified and discussed in depth, together with the circumstances under which these defences can be raised. Although the analysis focuses, for the most part, on English law, the references to other legal systems which are included in the work add an important comparative perspective to the discussion of the issues. The book should be of special interest to criminal lawyers, legal theorists and students interested in comparative criminal law and jurisprudence.
Download or read book Excusing Crime written by Jeremy Horder and published by Oxford University Press, USA. This book was released on 2004 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: When should someone who may have intentionally or knowingly committed criminal wrongdoing be excused? Excusing Crime examines what excusing conditions are, and why familiar excuses, such as duress, are thought to fulfil those conditions. Setting himself against the 'classical' view of excuses, which has a long heritage, and is enshrined in different forms in many of the world's criminal codes, both liberal and non-liberal; Jeremy Horder argues that it is now time to move forwards. He contends that a wider range of excuses--'diminished capacity', 'due diligence' and 'demands of conscience'--should be recognised in law.
Book Synopsis The Age of Culpability by : Gideon Yaffe
Download or read book The Age of Culpability written by Gideon Yaffe and published by Oxford University Press. This book was released on 2018-03-02 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why be lenient towards children who commit crimes? Reflection on the grounds for such leniency is the entry point into the development, in this book, of a theory of the nature of criminal responsibility and desert of punishment for crime. Gideon Yaffe argues that child criminals are owed lesser punishments than adults thanks not to their psychological, behavioural, or neural immaturity but, instead, because they are denied the vote. This conclusion is reached through accounts of the nature of criminal culpability, desert for wrongdoing, strength of legal reasons, and what it is to have a say over the law. The centrepiece of this discussion is the theory of criminal culpability. To be criminally culpable is for one's criminal act to manifest a failure to grant sufficient weight to the legal reasons to refrain. The stronger the legal reasons, then, the greater the criminal culpability. Those who lack a say over the law, it is argued, have weaker legal reasons to refrain from crime than those who have a say. They are therefore reduced in criminal culpability and deserve lesser punishment for their crimes. Children are owed leniency, then, because of the political meaning of age rather than because of its psychological meaning. This position has implications for criminal justice policy, with respect to, among other things, the interrogation of children suspected of crimes and the enfranchisement of adult felons.
Book Synopsis Moral Puzzles and Legal Perplexities by : Heidi M. Hurd
Download or read book Moral Puzzles and Legal Perplexities written by Heidi M. Hurd and published by Cambridge University Press. This book was released on 2018-11-22 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Engages with the life and work of Larry Alexander to explore puzzles and paradoxes in legal and moral theory.
Book Synopsis Partial Excuses to Murder by : Stanley Meng Heong Yeo
Download or read book Partial Excuses to Murder written by Stanley Meng Heong Yeo and published by Wm Gaunt & Sons. This book was released on 1990 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sixteen papers on provocation, diminished responsibility, excessive self-defence and intoxication described in the Adelaide Law Review as: "a comprehensive and illuminating view of the four defences" Other publications agree: "Those of us who must defend in the cold aftermath of a killing would do well to have a copy of this book handy."ACT Law Society Newsletter "There is a healthy balance between theoretical perspective and practical application."Victorian Law Institute Journal
Book Synopsis Rethinking Criminal Law by : George P. Fletcher
Download or read book Rethinking Criminal Law written by George P. Fletcher and published by . This book was released on 2000 with total page 930 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a reprint of a book first published by Little, Brown in 1978. George Fletcher is working on a new edition which will be published by OUP in three volumes, the first of which is scheduled to appear in January 2001. Rethinking Criminal Law is still perhaps the most influential and often cited theoretical work on American criminal law. This reprint will keep this classic work available until the new edition can be published.
Book Synopsis Proving the Unprovable by : Christopher Slobogin
Download or read book Proving the Unprovable written by Christopher Slobogin and published by Oxford University Press. This book was released on 2006-09-07 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is written for researchers, scholars, advanced graduate students, and clinicians who work in risk assessment and criminal responsibility. It addresses the question of admitting expert testimony from behavioral health experts in determining matters of culpability and dangerousness by examining a number of factors, including the source of the expert testimony, whether juries need it, and whether it is presented as proven or informed in the court. It argues that the question cannot be understood as a dualistic matter of being for or against expert testimony; rather, its highly nuanced arguments show that determining who should be punished and who should be preventively detained must happen through an interdisciplinary process that looks at the specific circumstances of each case. It offers an analytic framework for making these determinations that treats culpability and dangerousness not as static, ontologically-complete entities, but rather as socially-constructed concepts that cannot be determined solely through the scientific method. The book makes the intriguing argument throughout that although expert testimony cannot be considered scientifically reliable or proven, it should nevertheless be included as long as it can be classified and understood as informed speculation because it makes legal factfinders attend more closely to the matters that the law considers pertinent to past mental states. It seeks to reconcile the tension between the law's demand for accuracy and the inability of behavioral science to provide more than speculative answers for most questions raised by the insanity defense and related doctrines and by sentencing, commitment and sex offender statutes that require determinations of risk.
Book Synopsis Criminal responsibility under mistake of law by : Boštjan M. Zupančič
Download or read book Criminal responsibility under mistake of law written by Boštjan M. Zupančič and published by . This book was released on 1985 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Crime, Punishment, and Responsibility by : Rowan Cruft
Download or read book Crime, Punishment, and Responsibility written by Rowan Cruft and published by Oxford University Press. This book was released on 2011-07-14 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.
Download or read book Ignorance of Law written by Douglas Husak and published by Oxford University Press. This book was released on 2016-07-21 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that ignorance of law should usually be a complete excuse from criminal liability. It defends this conclusion by invoking two presumptions: first, the content of criminal law should conform to morality; second, mistakes of fact and mistakes of law should be treated symmetrically. The author grounds his position in an underlying theory of moral and criminal responsibility according to which blameworthiness consists in a defective response to the moral reasons one has. Since persons cannot be faulted for failing to respond to reasons for criminal liability they do not believe they have, then ignorance should almost always excuse. But persons are somewhat responsible for their wrongs when their mistakes of law are reckless, that is, when they consciously disregard a substantial and unjustifiable risk that their conduct might be wrong. This book illustrates this with examples and critiques the arguments to the contrary offered by criminal theorists and moral philosophers. It assesses the real-world implications for the U.S. system of criminal justice. The author describes connections between the problem of ignorance of law and other topics in moral and legal theory.
Book Synopsis The Limits of Blame by : Erin I. Kelly
Download or read book The Limits of Blame written by Erin I. Kelly and published by Harvard University Press. This book was released on 2018-11-12 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.
Book Synopsis J.L. Austin and the Law by : Daniel Brian Yeager
Download or read book J.L. Austin and the Law written by Daniel Brian Yeager and published by Bucknell University Press. This book was released on 2006 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: In investigating the relationship between accusation and excuse, this study uncovers something about the criminal law's peculiar way of interpreting human action. Identifying that something can move us a little closer to discovery or agreement and just what it is that is staked in criminal law. What is staked in any discussion of criminal law is the meaning and operation of responsibility, which makes human action and its consequences so tragic. The author confronts the idea of responsibility by mapping the work of J. L. Austin onto the criminal law.
Book Synopsis In Search of Criminal Responsibility by : Nicola Lacey
Download or read book In Search of Criminal Responsibility written by Nicola Lacey and published by Oxford University Press. This book was released on 2016-04-26 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes someone responsible for a crime and therefore liable to punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history.
Book Synopsis Criminal Law Conversations by : Paul H. Robinson
Download or read book Criminal Law Conversations written by Paul H. Robinson and published by Oxford University Press, USA. This book was released on 2011 with total page 761 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Law Conversations provides an authoritative overview of contemporary criminal law debates in the United States. This collection of high caliber scholarly papers was assembled using an innovative and interactive method of nominations and commentary by the nation's top legal scholars. Virtually every leading scholar in the field has participated, resulting in a volume of interest to those both in and outside of the community. Criminal Law Conversations showcases the most captivating of these essays, and provides insight into the most fundamental and provocative questions of modern criminal law. * Jeffrie G. Murphy's, essay "Remorse, Apology & Mercy," was declared Recommended Reading in the Green Bag Almanac and Reader, 2010.
Book Synopsis The Oxford Companion to American Law by :
Download or read book The Oxford Companion to American Law written by and published by . This book was released on with total page 939 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Psychiatric Aspects of Justification, Excuse and Mitigation in Anglo-American Criminal Law by : Alec Buchanan
Download or read book Psychiatric Aspects of Justification, Excuse and Mitigation in Anglo-American Criminal Law written by Alec Buchanan and published by Jessica Kingsley Publishers. This book was released on 2000-07-24 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Violent crimes committed by the mentally disordered attract academic and public attention. They raise issues of moral responsibility and public protection. This study systematically analyses the principles underlying those legal and medical devices which enable the courts to make special arrangements for the mentally disordered. Buchanan examines three fundamental precepts in criminal law: justification, excuse and mitigation. A defendant who has been proved guilty can usually have his or her sentence reduced only where one of these three principles applies. The way that the courts interpret notions of responsibility and choice may influence the outcome considerably. For mentally disordered offenders, the matter becomes even more complicated - this is where the psychological and psychiatric aspects of justification, excuse and mitigation come into play. The author combines a jurisprudential analysis of the above with a discussion of current legal provision for mentally disordered offenders in England and America. This thought-provoking book will be of particular interest to a wide range of professionals in the forensic field, as well as to academics specialising in mental health law and the philosophy of psychiatry.
Book Synopsis Understanding Criminal Law by : Christopher M. V. Clarkson
Download or read book Understanding Criminal Law written by Christopher M. V. Clarkson and published by Sweet & Maxwell. This book was released on 2005 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study seeks to present the key principles of criminal law in a comprehensive and readable style. Concentrating on the more theoretical issues, the main focus is on the general principles of criminal liability.
