Victims Rights and Victims Wrongs

Author: Vera Bergelson
Publisher: Stanford University Press
ISBN: 9780804772433
Format: PDF, ePub, Mobi
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"Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries. Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis.

Sunbelt Justice

Author: Mona Lynch
Publisher: Stanford University Press
ISBN: 0804772479
Format: PDF, Docs
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In the late 20th century, the United States experienced an incarceration explosion. Over the course of twenty years, the imprisonment rate quadrupled, and today more than than 1.5 million people are held in state and federal prisons. Arizona's Department of Corrections came of age just as this shift toward prison warehousing began, and soon led the pack in using punitive incarceration in response to crime. Sunbelt Justice looks at the development of Arizona's punishment politics, policies, and practices, and brings to light just how and why we have become a mass incarceration nation.

Felony Murder

Author: Guyora Binder
Publisher: Stanford University Press
ISBN: 0804781702
Format: PDF, ePub, Docs
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The felony murder doctrine is one of the most widely criticized features of American criminal law. Legal scholars almost unanimously condemn it as irrational, concluding that it imposes punishment without fault and presumes guilt without proof. Despite this, the law persists in almost every U.S. jurisdiction. Felony Murder is the first book on this controversial legal doctrine. It shows that felony murder liability rests on a simple and powerful idea: that the guilt incurred in attacking or endangering others depends on one's reasons for doing so. Inflicting harm is wrong, and doing so for a bad motive—such as robbery, rape, or arson—aggravates that wrong. In presenting this idea, Guyora Binder criticizes prevailing academic theories of criminal intent for trying to purge criminal law of moral judgment. Ultimately, Binder shows that felony murder law has been and should remain limited by its justifying aims.

Knowledge as Power

Author: Wayne A. Logan
Publisher: Stanford University Press
ISBN: 0804771391
Format: PDF, Docs
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Societies have long sought security by identifying potentially dangerous individuals in their midst. America is surely no exception. Knowledge as Power traces the evolution of a modern technique that has come to enjoy nationwide popularity—criminal registration laws. Registration, which originated in the 1930s as a means of monitoring gangsters, went largely unused for decades before experiencing a dramatic resurgence in the 1990s. Since then it has been complemented by community notification laws which, like the "Wanted" posters of the Frontier West, publicly disclose registrants' identifying information, involving entire communities in the criminal monitoring process. Knowledge as Power provides the first in-depth history and analysis of criminal registration and community notification laws, examining the potent forces driving their rapid nationwide proliferation in the 1990s through today, as well as exploring how the laws have affected the nation's law, society, and governance. In doing so, the book provides compelling insights into the manifold ways in which registration and notification reflect and influence life in modern America.

Participation in Crime

Author: Alan Reed
Publisher: Routledge
ISBN: 1317084012
Format: PDF, Mobi
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Following on from the earlier edited collection, Loss of Control and Diminished Responbility, this book is the first volume in the Substantive Issues in Criminal Law series. It serves as a leading point of reference in the area relating to participation in crime and identifies the need for a consistent approach to the doctrinal and theoretical underpinnings of complicity liability. With a section on the UK analysing points of current interest, the book also has a large comparative section dealing with foreign jurisdictions and examines on the basis of a unified research grid how different legal systems treat core issues of participation in the context of criminal law. This book is a valuable reference resource for those in the criminal justice community in the UK and abroad and for academics, the judiciary and policy-makers.

Aesthetic Judgment and the Moral Image of the World

Author: Dieter Henrich
Publisher: Stanford University Press
ISBN: 9780804723671
Format: PDF, ePub, Docs
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This is a collection of four essays on aesthetic, ethical, and political issues by Dieter Henrich, the preeminent Kant scholar in Germany today. Although his interests have ranged widely, he is perhaps best known for rekindling interest in the great classical German tradition from Kant to Hegel. The first essay summarizes Henrich's research into the development of the Kant's moral philosophy, focusing on the architecture of the third Critique. Of special interest in this essay is Henrich's intriguing and wholly new account of the relations between Kant and Rousseau. In the second essay, Henrich analyzes the interrelations between Kant's aesthetics and his cognitive theories. His third essay argues that the justification of the claim that human rights are universally valid requires reference to a moral image of the world. To employ Kant's notion of a moral image of the world without ignoring the insights and experience of this century requires drastic changes in the content of such an image. Finally, in Henrich's ambitious concluding essay, the author compares the development of the political process of the French Revolution and the course of classical German philosophy, raise the general question of the relation between political processes and theorizing, and argues that both the project of political liberty set in motion by the French Revolution, and the projects of classical German philosophy remain incomplete.

Unravelling Tort and Crime

Author: Matthew Dyson
Publisher: Cambridge University Press
ISBN: 1107066115
Format: PDF, ePub, Mobi
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Innovative and groundbreaking research on how tort and crime interrelate in English law.

The Fundamental Concept of Crime in International Criminal Law

Author: Iryna Marchuk
Publisher: Springer Science & Business Media
ISBN: 3642282466
Format: PDF
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This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

Law as Punishment Law as Regulation

Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 0804771707
Format: PDF
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This book considers the problem of law's physical control of persons and it illuminates competing visions of the law: as both a tool of regulation and as an instrument of coercion or punishment.