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Author : Sangkul Kim
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283480383
Total Pages : 4 pages
Book Rating : 4.2/5 (834 download)
Download or read book Rethinking the ‘Crime of Mens Rea’ written by Sangkul Kim and published by Torkel Opsahl Academic EPublisher. This book was released on 2016-06-27 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : George P. Fletcher
Publisher : Oxford University Press
ISBN 13 : 0199881308
Total Pages : 926 pages
Book Rating : 4.1/5 (998 download)
Download or read book Rethinking Criminal Law written by George P. Fletcher and published by Oxford University Press. This book was released on 2000-06-29 with total page 926 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 Oxford in three volumes, the first of which is scheduled to appear in January of 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.
Author : James Gobert
Publisher : Cambridge University Press
ISBN 13 : 9780406950062
Total Pages : 422 pages
Book Rating : 4.9/5 (5 download)
Download or read book Rethinking Corporate Crime written by James Gobert and published by Cambridge University Press. This book was released on 2003-03 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critiques the application of the current criminal law system to corporate wrongdoing and assesses the potential for legal control of corporate criminality.
Author : Larry Laudan
Publisher :
ISBN 13 : 9781848901995
Total Pages : 228 pages
Book Rating : 4.9/5 (19 download)
Download or read book The Law's Flaws written by Larry Laudan and published by . This book was released on 2016-08-22 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about the law's failure as a system of empirical inquiry. While the US Supreme Court repeatedly says that the aim of a trial is to find out the truth about a crime, there is abundant evidence that many of the rules of evidence and legal procedure are not truth-conducive. Quite the contrary; many are truth-thwarting. Relevant evidence of defendant's guilt is often excluded; reasonable inferences from the available evidence are likewise often excluded. When a defendant elects not to testify, jurors are told to draw no inculpatory inferences from the former's refusal to be questioned. If evidence of prior crimes committed by the defendant is admitted (and often it is excluded), jurors are strictly told to use them only for deciding whether the defendant lied during his testimony and not as evidence of his guilt. Making matters worse, the most important evidence rule of all (saying that defendant can be convicted only if there are no reasonable doubts about his guilt) is monumentally vague; and judges are under firm instruction to decline jurors' frequent requests to explain what a 'reasonable doubt' is. Lastly, this book examines the fact that American courts collect little information about how often they convict the innocent and no information about how often they acquit the guilty. This is tragic because ignorance of the error rates in trials and in plea bargains means that citizens have no grounds for confidence in the judicial system; such a condition of non-transparency should be unacceptable in a democracy. Reform is urgent and this book sketches some of the necessary changes.
Author : Erin I. Kelly
Publisher : Harvard University Press
ISBN 13 : 0674989414
Total Pages : 216 pages
Book Rating : 4.6/5 (749 download)
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 216 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.
Author : William R. Kelly
Publisher : Rowman & Littlefield
ISBN 13 : 1442264829
Total Pages : 268 pages
Book Rating : 4.4/5 (422 download)
Download or read book The Future of Crime and Punishment written by William R. Kelly and published by Rowman & Littlefield. This book was released on 2016-07-14 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, we know that crime is often not just a matter of making bad decisions. Rather, there are a variety of factors that are implicated in much criminal offending, some fairly obvious like poverty, mental illness, and drug abuse and others less so, such as neurocognitive problems. Today, we have the tools for effective criminal behavioral change, but this cannot be an excuse for criminal offending. In The Future of Crime and Punishment, William R. Kelly identifies the need to educate the public on how these tools can be used to most effectively and cost efficiently reduce crime, recidivism, victimization and cost. The justice system of the future needs to be much more collaborative, utilizing the expertise of a variety of disciplines such as psychology, psychiatry, addiction, and neuroscience. Judges and prosecutors are lawyers, not clinicians, and as we transition the justice system to a focus on behavioral change, the decision making will need to reflect the input of clinical experts. The path forward is one characterized largely by change from traditional criminal prosecution and punishment to venues that balance accountability, compliance, and risk management with behavioral change interventions that address the primary underlying causes for recidivism. There are many moving parts to this effort and it is a complex proposition. It requires substantial changes to law, procedure, decision making, roles and responsibilities, expertise, and funding. Moreover, it requires a radical shift in how we think about crime and punishment. Our thinking needs to reflect a perspective that crime is harmful, but that much criminal behavior is changeable.
Author : Markus Dubber
Publisher : Oxford University Press
ISBN 13 : 0199589607
Total Pages : 710 pages
Book Rating : 4.1/5 (995 download)
Download or read book Criminal Law written by Markus Dubber and published by Oxford University Press. This book was released on 2014-03 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A systematic and comprehensive comparative analysis, of criminal law, focused on two major jurisdictions: the United States and Germany."--Jacket.
Author : Francois Tanguay-Renaud
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319033
Total Pages : 334 pages
Book Rating : 4.8/5 (473 download)
Download or read book Rethinking Criminal Law Theory written by Francois Tanguay-Renaud and published by Bloomsbury Publishing. This book was released on 2012-01-10 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University
Author : William R. Kelly
Publisher : Columbia University Press
ISBN 13 : 0231539223
Total Pages : 418 pages
Book Rating : 4.2/5 (315 download)
Download or read book Criminal Justice at the Crossroads written by William R. Kelly and published by Columbia University Press. This book was released on 2015-05-05 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past forty years, the criminal justice system in the United States has engaged in a very expensive policy failure, attempting to punish its way to public safety, with dismal results. So-called "tough on crime" policies have not only failed to effectively reduce crime, recidivism, and victimization but also created an incredibly inefficient system that routinely fails the public, taxpayers, crime victims, criminal offenders, their families, and their communities. Strategies that focus on behavior change are much more productive and cost effective for reducing crime than punishment, and in this book, William R. Kelly discusses the policy, process, and funding innovations and priorities that the United States needs to effectively reduce crime, recidivism, victimization, and cost. He recommends proactive, evidence-based interventions to address criminogenic behavior; collaborative decision making from a variety of professions and disciplines; and a focus on innovative alternatives to incarceration, such as problem-solving courts and probation. Students, professionals, and policy makers alike will find in this comprehensive text a bracing discussion of how our criminal justice system became broken and the best strategies by which to fix it.
Author : R A Duff
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317170
Total Pages : 342 pages
Book Rating : 4.8/5 (473 download)
Download or read book Answering for Crime written by R A Duff and published by Bloomsbury Publishing. This book was released on 2007-11-16 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account.
Author : Samuel H. Pillsbury
Publisher : NYU Press
ISBN 13 : 081476665X
Total Pages : 278 pages
Book Rating : 4.8/5 (147 download)
Download or read book Judging Evil written by Samuel H. Pillsbury and published by NYU Press. This book was released on 1998-10 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do killers deserve punishment? How should the law decide? These are the questions Samuel H. Pillsbury seeks to answer in this important new book on the theory and practice of criminal responsibility. In an argument both traditional and fresh, Pillsbury holds that persons deserve punishment according to the evil they choose to do, regardless of their psychological capacities. After considering potential objections to this approach, including those based on determinism, unjust social conditions, and the alleged cruelty of retribution, he presents an extended critique of American homicide law. Using real case examples, Pillsbury offers concrete proposals for legal reform, urging that modern preoccupations with subjective aspects of wrongdoing be replaced with rules that focus more on the individual's motives.
Author : George P. Fletcher
Publisher : Oxford University Press, USA
ISBN 13 : 0199941238
Total Pages : 344 pages
Book Rating : 4.1/5 (999 download)
Download or read book George Fletcher's Essays on Criminal Law written by George P. Fletcher and published by Oxford University Press, USA. This book was released on 2013-01-10 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects, for the first time, a selection of criminal law scholar George Fletcher's most famous previously published shorter works as well as some that are less known but equally important. Each of the twelve essays by Fletcher is paired with one or more new critical commentaries on that essay. These critical commentaries trace the impact of the respective essay in the development of the criminal law and assess its future significance.
Author : Hilary Putnam
Publisher : Harvard University Press
ISBN 13 : 0674013808
Total Pages : 205 pages
Book Rating : 4.6/5 (74 download)
Download or read book The Collapse of the Fact/Value Dichotomy and Other Essays written by Hilary Putnam and published by Harvard University Press. This book was released on 2004-03-30 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: If philosophy has any business in the world, it is the clarification of our thinking and the clearing away of ideas that cloud the mind. In this book, one of the world's preeminent philosophers takes issue with an idea that has found an all-too-prominent place in popular culture and philosophical thought: the idea that while factual claims can be rationally established or refuted, claims about value are wholly subjective, not capable of being rationally argued for or against. Although it is on occasion important and useful to distinguish between factual claims and value judgments, the distinction becomes, Hilary Putnam argues, positively harmful when identified with a dichotomy between the objective and the purely "subjective." Putnam explores the arguments that led so much of the analytic philosophy of language, metaphysics, and epistemology to become openly hostile to the idea that talk of value and human flourishing can be right or wrong, rational or irrational; and by which, following philosophy, social sciences such as economics have fallen victim to the bankrupt metaphysics of Logical Positivism. Tracing the problem back to Hume's conception of a "matter of fact" as well as to Kant's distinction between "analytic" and "synthetic" judgments, Putnam identifies a path forward in the work of Amartya Sen. Lively, concise, and wise, his book prepares the way for a renewed mutual fruition of philosophy and the social sciences.
Author : Douglas Husak
Publisher : Oxford University Press
ISBN 13 : 9780198043997
Total Pages : 248 pages
Book Rating : 4.0/5 (439 download)
Download or read book Overcriminalization written by Douglas Husak and published by Oxford University Press. This book was released on 2008-01-08 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.
Author : Claire M. Renzetti
Publisher :
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.F/5 ( download)
Download or read book Rethinking Gender, Crime, and Justice written by Claire M. Renzetti and published by . This book was released on 2006 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents essays that cover a range of topics of interest to those who study women, crime, and criminal justice. This book demonstrates how our notions of gender, race, and class influence both how society defines crime and how offenders commit crimes and are treated for their actions. It includes a variety of national and global perspectives.
Author : George P. Fletcher
Publisher : University of Chicago Press
ISBN 13 : 9780226253343
Total Pages : 276 pages
Book Rating : 4.2/5 (533 download)
Download or read book A Crime of Self-Defense written by George P. Fletcher and published by University of Chicago Press. This book was released on 1990-06-15 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal expert George Fletcher uses the celebrated trial of New York's "Subway Vigilante", Bernhard Goetz, as a springboard to probe the profound relationship between this defensive action, the public's understanding of it, and the court's interpretation of it according to the law.
Author : Stephen Shute
Publisher :
ISBN 13 : 9780198258063
Total Pages : 0 pages
Book Rating : 4.2/5 (58 download)
Download or read book Action and Value in Criminal Law written by Stephen Shute and published by . This book was released on 1993 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this challenging collection of new essays, leading philosophers and criminal lawyers from the United States, the United Kingdom, and Canada break with the tradition of treating the philosophical foundations of criminal law as an adjunct to the study of punishment. Focusing clearly on the central issues of moral luck, mistake, and mental illness, this volume aims to reorient the study of criminal law. In the process of retrieving valuable material from traditional law classifications, the contributors break down false associations, reveal hidden truths, and establish new patterns of thought. Their always illuminating and sometimes startling conclusions makes this essential reading for all those interested in the philosophy of criminal law.
