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Author: Jeremy Horder Publisher: Oxford University Press, USA ISBN: Category : Law Languages : en Pages : 336
Book Description
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.
Author: Jeremy Horder Publisher: Oxford University Press, USA ISBN: Category : Law Languages : en Pages : 336
Book Description
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.
Author: Matthew Talbert Publisher: ISBN: 019067587X Category : Philosophy Languages : en Pages : 185
Book Description
Why do war crimes occur? Are perpetrators of war crimes always blameworthy? In an original and challenging thesis, this book argues that war crimes are often explained by perpetrators' beliefs, goals, and values, and in these cases perpetrators may be blameworthy even if they sincerely believed that they were doing the right thing.
Author: Jeremy Horder Publisher: ISBN: 9780191715174 Category : Extenuating circumstances Languages : en Pages : 295
Book Description
When should someone who may have intentionally or knowingly committed criminal wrongdoing be excused? 'Excusing Crime' examines what excusing conditions are. Setting himself against the 'classical' view of excuses, Horder explains why a wider range of excuses should be recognised in law.
Author: Alec Buchanan Publisher: Jessica Kingsley Publishers ISBN: 9781853027970 Category : Law Languages : en Pages : 166
Book Description
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.
Author: Wayne Howell Publisher: ISBN: 9781743463130 Category : Crime Languages : en Pages : 256
Book Description
This is a courtroom-drama collection of some of the most extraordinary defences tried in Australian manslaughter and murder trials. Most people have used ridiculous excuses to avoid punishment, but when it comes to classic excuses one group of people leaves all others for dead - killers. The courts have made up their minds, now it's your turn. 'I was trying to exorcise a demon.' 'I thought he was a deer.' 'We were just having sex - in the sea.' Classic excuses used by killers to try and avoid punishment. Intriguing insights into human behaviour. 'Whydunits' fascinating explanations on why people kill. Author Wayne Howell covered the courts for the Herald Sun newspaper and AAP for ten of his eighteen years in journalism. He is the author of three collections of true crime stories.
Author: George Mousourakis Publisher: Routledge ISBN: 0429873573 Category : Law Languages : en Pages : 216
Book Description
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.
Author: Annemieke van Verseveld Publisher: Springer Science & Business Media ISBN: 9067048674 Category : Law Languages : en Pages : 191
Book Description
When a perpetrator of an international crime argues in his defence that he did not realise that he had violated the law, is this a reason not to punish him? International crimes constitute serious offences and it could be argued that he who commits such an offence must know his act is punishable. After all, everyone is presumed to know the law. However, convicting someone who is mistaken about the wrongfulness of his act may be in violation of the principle ‘no punishment without guilt’. This book investigates when 'mistake of law' should be a reason to exculpate the perpetrator of an international crime. It demonstrates that the issue of 'mistake of law' goes to the heart of individual criminal responsibility and therewith contributes to the development of a more systematic approach toward the structure of international offences. Valuable for academics and practitioners in the field of International Criminal Law.
Author: Alexandra Natapoff Publisher: Basic Books ISBN: 0465093809 Category : Law Languages : en Pages : 320
Book Description
A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018
Author: Gideon Yaffe Publisher: Oxford University Press ISBN: 019880332X Category : Law Languages : en Pages : 252
Book Description
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.
Author: Jeremy Horder
Author: Jeremy Horder
Author: Matthew Talbert
Author: Jeremy Horder
Author: Alec Buchanan
Author: John Cyril Smith
Author: Wayne Howell
Author: George Mousourakis
Author: Annemieke van Verseveld
Author: Alexandra Natapoff
Author: Gideon Yaffe