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The Concept of Mens Rea in International Criminal Law

Author : Mohamed Elewa Badar
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250662
Total Pages : 413 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Concept of Mens Rea in International Criminal Law by : Mohamed Elewa Badar

Download or read book The Concept of Mens Rea in International Criminal Law written by Mohamed Elewa Badar and published by Bloomsbury Publishing. This book was released on 2013-01-30 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.

Mens Rea at the International Criminal Court

Author : Geert-Jan Alexander Knoops
Publisher : BRILL
ISBN 13 : 9004307885
Total Pages : 267 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Mens Rea at the International Criminal Court by : Geert-Jan Alexander Knoops

Download or read book Mens Rea at the International Criminal Court written by Geert-Jan Alexander Knoops and published by BRILL. This book was released on 2016-11-21 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Volume offers an overview of all aspects of mens rea that may surface before the International Criminal Court (ICC). The book commences with an introduction of the concept of mens rea and controversies concerning this concept before national courts and ad hoc tribunals. This is followed by an examination of the definitional elements of mens rea at the ad hoc tribunals. The mens rea requirements for the specific liability modes applied at the ad hoc tribunals will be examined. Subsequently, definitional aspects of mens rea at the ICC will be discussed, and in particular the mens rea requirements for the specific liability modes as provided for in the Rome Statute. Separate chapters will address the mens rea requirements for the crimes listed in the Rome Statute: war crimes, genocide, crimes against humanity and the crime of aggression, respectively. An analysis of customary international law or the standards promulgated by the ad hoc tribunals will be used as examples where the ICC case law is scarce. A specific chapter will be devoted to mens rea requirements for political speeches. In some cases, certain speeches have been said to be catalysts of international crimes. Therefore, it is relevant to examine how the accused’s intent was construed. The book will conclude with mens rea defenses in international criminal law, which will be specifically applied to the defenses listed in the Rome Statute.

A Philosophy of Criminal Attempts

Author : Bebhinn Donnelly-Lazarov
Publisher : Cambridge University Press
ISBN 13 : 110702983X
Total Pages : 253 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis A Philosophy of Criminal Attempts by : Bebhinn Donnelly-Lazarov

Download or read book A Philosophy of Criminal Attempts written by Bebhinn Donnelly-Lazarov and published by Cambridge University Press. This book was released on 2015-04-30 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Extends and adapts G. E. M. Anscombe's philosophy to reveal attempting as a subjective species of intentional action. Locates criminal attempts therein.

Australian Law Dictionary

Author : Trischa Mann
Publisher : Oxford University Press, USA
ISBN 13 : 9780195518511
Total Pages : 0 pages
Book Rating : 4.5/5 (185 download)

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Book Synopsis Australian Law Dictionary by : Trischa Mann

Download or read book Australian Law Dictionary written by Trischa Mann and published by Oxford University Press, USA. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Australian Law Dictionary is a key reference for those who need familiarity with, and knowledge of, Australian legal terms most commonly encountered when studying law and in the profession.

Mens Rea and Defences in European Criminal Law

Author : Jeroen Blomsma
Publisher :
ISBN 13 : 9781780681047
Total Pages : 0 pages
Book Rating : 4.6/5 (81 download)

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Book Synopsis Mens Rea and Defences in European Criminal Law by : Jeroen Blomsma

Download or read book Mens Rea and Defences in European Criminal Law written by Jeroen Blomsma and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the author's thesis (Ph.D)--Maastricht University.

Mens Rea in EU Antitrust Law

Author : Jan Blockx
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403523549
Total Pages : 268 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Mens Rea in EU Antitrust Law by : Jan Blockx

Download or read book Mens Rea in EU Antitrust Law written by Jan Blockx and published by Kluwer Law International B.V.. This book was released on 2020-07-09 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the purely economics-based approach to competition law, the central consideration is whether the conduct of undertakings has the effect of restricting competition or not. Such an ‘objective’ approach to antitrust enforcement leaves little room for subjective elements like intentions. But what happens when economic analysis reaches its limits? In this signal contribution, the author invokes the criminal law concept of mens rea, the idea of the ‘guilty mind’, thoroughly evaluating the normative cogency of mens rea evidence in the determination of antitrust infringements. Delving deep into the case law, the author views the subject from the standpoint of a confluence of various areas of law, including: the role of mens rea in the criminal law in France, Germany, and England and Wales; the different types of mens rea (e.g., intent, recklessness, negligence); mens rea in a corporate context; mens rea evidence in United States antitrust law; the notion of the ‘meeting of minds’ in Article 101 TFEU; relevance of intentions in the determination of the object of an agreement or concerted practice; relevance of intentions in the determination of abuse of a dominant position; and the role of mens rea in the determination of fines for antitrust breaches. The author also examines arguments both for and against the use of mens rea evidence in determining whether an antitrust infringement took place and how it should be punished. This is the first full-length assessment of what role mens rea evidence actually plays and should play in competition law even as the tools for antitrust analysis are meant to become increasingly objective. As a thoroughly researched and systematically presented commentary and analysis of the current status of the use of mens rea in antitrust enforcement and how the practice could develop, it is sure to be welcomed by practitioners as well as by policymakers and academics.

Fundamentals of Criminal Law

Author : Andrew Simester
Publisher : Oxford University Press, USA
ISBN 13 : 0198853149
Total Pages : 537 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Fundamentals of Criminal Law by : Andrew Simester

Download or read book Fundamentals of Criminal Law written by Andrew Simester and published by Oxford University Press, USA. This book was released on 2021-02-04 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability but are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing.

Felony and the Guilty Mind in Medieval England

Author : Elizabeth Papp Kamali
Publisher : Cambridge University Press
ISBN 13 : 1108498795
Total Pages : 353 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Felony and the Guilty Mind in Medieval England by : Elizabeth Papp Kamali

Download or read book Felony and the Guilty Mind in Medieval England written by Elizabeth Papp Kamali and published by Cambridge University Press. This book was released on 2019-08 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the role of criminal intent in constituting felony in the first two centuries of the English criminal trial jury.

Guilty Acts, Guilty Minds

Author : Stephen P. Garvey
Publisher : Oxford University Press
ISBN 13 : 0190924349
Total Pages : 335 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Guilty Acts, Guilty Minds by : Stephen P. Garvey

Download or read book Guilty Acts, Guilty Minds written by Stephen P. Garvey and published by Oxford University Press. This book was released on 2020-05-25 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: When someone commits a crime, what are the limits on a state's authority to define them as worthy of blame, and thus liable to punishment? This book answers that question, building on two ideas familiar to criminal lawyers: actus reus and mens rea, usually translated as "guilty act" and "guilty mind." In Guilty Acts, Guilty Minds, Stephen P. Garvey proposes an understanding of actus reus and mens rea as limits on the authority of a state, and in particular the authority of a democratic state, to ascribe guilt to those accused of crime. Garvey argues that actus reus and mens rea are necessary conditions for legitimate state punishment. Drawing on the work of political philosophers, moral philosophers, and criminal law theorists, Garvey provides clear explanations of how these concepts apply to a wide variety of cases. The book charges readers to consider practical examples and ask: whatever you believe regarding the justice of the rules, did the state act within the scope of its legitimate authority when it enacted those rules into law? Based on extensive research, this book presents a new theory in which the concepts of actus reus and mens rea mark the limits of state power rather than simply describe the elements of a crime. Making the compelling distinction between legitimacy and justice, Guilty Acts, Guilty Minds provides an important perspective on the limits of state authority.

Modern Bribery Law

Author : Jeremy Horder
Publisher : Cambridge University Press
ISBN 13 : 110735496X
Total Pages : 383 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Modern Bribery Law by : Jeremy Horder

Download or read book Modern Bribery Law written by Jeremy Horder and published by Cambridge University Press. This book was released on 2013-04-25 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.

The Limits of Blame

Author : Erin I. Kelly
Publisher : Harvard University Press
ISBN 13 : 0674980778
Total Pages : 241 pages
Book Rating : 4.6/5 (749 download)

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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.

General Principles of Criminal Law

Author : Jerome Hall
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584774983
Total Pages : 656 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis General Principles of Criminal Law by : Jerome Hall

Download or read book General Principles of Criminal Law written by Jerome Hall and published by The Lawbook Exchange, Ltd.. This book was released on 2010 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Most Important Treatise on Criminal Law Produced by American Legal Scholarship" First published to great acclaim in 1947, Hall's General Principles of Criminal Law is one of the undisputed classics in its field. It provides more than a broad overview. Drawing on his expertise in jurisprudence and the work of the legal realists, it analyzes the principles that comprise criminal activity with an emphasis on its creation and definition by officials. This process is explored in the chapters on criminology, criminal theory and penal theory and, in more specific terms, the chapters on legality, mens rea, harm, causation, punishment, strict liability, ignorance and mistake, necessity and coercion, mental disease, intoxication and criminal attempt. "For many years, our standard work on criminal law has been Bishop's. First published in 1856, Bishop's is the only American book in the field that has conspicuously influenced our criminal law. (...) When Jerome Hall's, General Principles of Criminal Law (1947) appeared, it represented the first significant effort to articulate the principles of criminal law since Bishop's era. Hall's work may, in fact, represent the most important treatise on criminal law produced by American legal scholarship." --Fred Cohen, Journal of Legal Education 16 (1963-64) 260.

When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence

Author : Katherine B Forrest
Publisher : World Scientific
ISBN 13 : 9811232741
Total Pages : 159 pages
Book Rating : 4.8/5 (112 download)

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Book Synopsis When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence by : Katherine B Forrest

Download or read book When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence written by Katherine B Forrest and published by World Scientific. This book was released on 2021-04-08 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Is it fair for a judge to increase a defendant's prison time on the basis of an algorithmic score that predicts the likelihood that he will commit future crimes? Many states now say yes, even when the algorithms they use for this purpose have a high error rate, a secret design, and a demonstratable racial bias. The former federal judge Katherine Forrest, in her short but incisive When Machines Can Be Judge, Jury, and Executioner, says this is both unfair and irrational ...' See full reviewJed S RakoffUnited States District Judge for the Southern District of New YorkNew York Review of Books This book explores justice in the age of artificial intelligence. It argues that current AI tools used in connection with liberty decisions are based on utilitarian frameworks of justice and inconsistent with individual fairness reflected in the US Constitution and Declaration of Independence. It uses AI risk assessment tools and lethal autonomous weapons as examples of how AI influences liberty decisions. The algorithmic design of AI risk assessment tools can and does embed human biases. Designers and users of these AI tools have allowed some degree of compromise to exist between accuracy and individual fairness.Written by a former federal judge who lectures widely and frequently on AI and the justice system, this book is the first comprehensive presentation of the theoretical framework of AI tools in the criminal justice system and lethal autonomous weapons utilized in decision-making. The book then provides a comprehensive explanation as to why, tracing the evolution of the debate regarding racial and other biases embedded in such tools. No other book delves as comprehensively into the theory and practice of AI risk assessment tools.

Mens Rea

Author : Amanda Moore
Publisher :
ISBN 13 : 9780595324897
Total Pages : 0 pages
Book Rating : 4.3/5 (248 download)

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Book Synopsis Mens Rea by : Amanda Moore

Download or read book Mens Rea written by Amanda Moore and published by . This book was released on 2004-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dr. Lara Redmond, supervisor at Hope Community Clinic, cares deeply for the people in her life. When one of her supervisees, Andrea Parks, is severely beaten and left for dead, Lara takes it upon herself to find Andrea's attacker. Lara enlists the assistance of her friend, Anne Loral, a private investigator, to look into the background of a man she finds suspect. The police are looking hard at Justin Starling, Andrea's closest friend. He confesses that he and Andrea had an argument the day before her attack. Did his anger get out of hand, causing him to lash out at Andrea? Detective Smith of the Columbia Police Department seems to think so. But Lara can't stop thinking about something Andrea disclosed in the privacy of her office at the clinic. A story told in confidence that leads Lara to place her own safety in jeopardy. Meanwhile, Andrea lays comatose in a hospital bed, unable to provide the authorities much needed information about her attacker. Mens Rea is an emotional journey through the experiences of Lara Redmond and Andrea Parks, two women struggling to find a sense of truth and meaning in life, and in death.

Criminal Law

Author : Jonathan Herring
Publisher :
ISBN 13 :
Total Pages : 508 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Criminal Law by : Jonathan Herring

Download or read book Criminal Law written by Jonathan Herring and published by . This book was released on 2007 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides an introduction to criminal law. It includes discussion of important case law developments in the law of provocation, consent, conspiracy and duress, and also discusses the Law Commission's proposals on the law of murder.

Understanding Criminal Law

Author : Christopher M. V. Clarkson
Publisher : Sweet & Maxwell
ISBN 13 : 9780421900905
Total Pages : 350 pages
Book Rating : 4.9/5 (9 download)

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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.

The Crime of Aggression

Author : Claus Kreß
Publisher : Cambridge University Press
ISBN 13 : 1108107494
Total Pages : pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis The Crime of Aggression by : Claus Kreß

Download or read book The Crime of Aggression written by Claus Kreß and published by Cambridge University Press. This book was released on 2016-10-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2010 Kampala Amendments to the Rome Statute empowered the International Criminal Court to prosecute the 'supreme crime' under international law: the crime of aggression. This landmark commentary provides the first analysis of the history, theory, legal interpretation and future of the crime of aggression. As well as explaining the positions of the main actors in the negotiations, the authoritative team of leading scholars and practitioners set out exactly how countries have themselves criminalized illegal war-making in domestic law and practice. In light of the anticipated activation of the Court's jurisdiction over this crime in 2017, this work offers, over two volumes, a comprehensive legal analysis of how to understand the material and mental elements of the crime of aggression as defined at Kampala. Alongside The Travaux Préparatoires of the Crime of Aggression (Cambridge, 2011), this commentary provides the definitive resource for anyone concerned with the illegal use of force.