Author: R A Duff Publisher: Bloomsbury Publishing ISBN: 1847317170 Category : Law Languages : en Pages : 342
Book Description
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: 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: James J. Duane Publisher: Little a ISBN: 9781503933392 Category : POLITICAL SCIENCE Languages : en Pages : 0
Book Description
An urgent, compact manifesto that will teach you how to protect your rights, your freedom, and your future when talking to police. Law professor James J. Duane became a viral sensation thanks to a 2008 lecture outlining the reasons why you should never agree to answer questions from the police--especially if you are innocent and wish to stay out of trouble with the law. In this timely, relevant, and pragmatic new book, he expands on that presentation, offering a vigorous defense of every citizen's constitutionally protected right to avoid self-incrimination. Getting a lawyer is not only the best policy, Professor Duane argues, it's also the advice law-enforcement professionals give their own kids. Using actual case histories of innocent men and women exonerated after decades in prison because of information they voluntarily gave to police, Professor Duane demonstrates the critical importance of a constitutional right not well or widely understood by the average American. Reflecting the most recent attitudes of the Supreme Court, Professor Duane argues that it is now even easier for police to use your own words against you. This lively and informative guide explains what everyone needs to know to protect themselves and those they love.
Author: Rachel Monroe Publisher: Scribner ISBN: 1501188895 Category : True Crime Languages : en Pages : 288
Book Description
A “necessary and brilliant” (NPR) exploration of our cultural fascination with true crime told through four “enthralling” (The New York Times Book Review) narratives of obsession. In Savage Appetites, Rachel Monroe links four criminal roles—Detective, Victim, Defender, and Killer—to four true stories about women driven by obsession. From a frustrated and brilliant heiress crafting crime-scene dollhouses to a young woman who became part of a Manson victim’s family, from a landscape architect in love with a convicted murderer to a Columbine fangirl who planned her own mass shooting, these women are alternately mesmerizing, horrifying, and sympathetic. A revealing study of women’s complicated relationship with true crime and the fear and desire it can inspire, together these stories provide a window into why many women are drawn to crime narratives—even as they also recoil from them. Monroe uses these four cases to trace the history of American crime through the growth of forensic science, the evolving role of victims, the Satanic Panic, the rise of online detectives, and the long shadow of the Columbine shooting. Combining personal narrative, reportage, and a sociological examination of violence and media in the 20th and 21st centuries, Savage Appetites is a “corrective to the genre it interrogates” (The New Statesman), scrupulously exploring empathy, justice, and the persistent appeal of crime.
Author: William R. Kelly Publisher: Columbia University Press ISBN: 0231539223 Category : Social Science Languages : en Pages : 418
Book Description
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: Alex S. Vitale Publisher: Verso Books ISBN: 1784782904 Category : Political Science Languages : en Pages : 298
Book Description
The massive uprising following the police killing of George Floyd in the summer of 2020--by some estimates the largest protests in US history--thrust the argument to defund the police to the forefront of international politics. It also made The End of Policing a bestseller and Alex Vitale, its author, a leading figure in the urgent public discussion over police and racial justice. As the writer Rachel Kushner put it in an article called "Things I Can't Live Without", this book explains that "unfortunately, no increased diversity on police forces, nor body cameras, nor better training, has made any seeming difference" in reducing police killings and abuse. "We need to restructure our society and put resources into communities themselves, an argument Alex Vitale makes very persuasively." The problem, Vitale demonstrates, is policing itself-the dramatic expansion of the police role over the last forty years. Drawing on first-hand research from across the globe, The End of Policing describes how the implementation of alternatives to policing, like drug legalization, regulation, and harm reduction instead of the policing of drugs, has led to reductions in crime, spending, and injustice. This edition includes a new introduction that takes stock of the renewed movement to challenge police impunity and shows how we move forward, evaluating protest, policy, and the political situation.
Author: Lawrence M. Solan Publisher: University of Chicago Press ISBN: 0226767876 Category : Law Languages : en Pages : 301
Book Description
Why do so many people voluntarily consent to searches by have the police search their person or vehicle when they know that they are carrying contraband or evidence of illegal activity? Does everyone understand the Miranda warning? How well can people recognize a voice on tape? Can linguistic experts identify who wrote an anonymous threatening letter? Speaking of Crime answers these questions and examines the complex role of language within our criminal justice system. Lawrence M. Solan and Peter M. Tiersma compile numerous cases, ranging from the Lindbergh kidnapping to the impeachment trial of Bill Clinton to the JonBenét Ramsey case, that provide real-life examples of how language functions in arrests, investigations, interrogations, confessions, and trials. In a clear and accessible style, Solan and Tiersma show how recent advances in the study of language can aid in understanding how legal problems arise and how they might be solved. With compelling discussions current issues and controversies, this book is a provocative state-of-the-art survey that will be of enormous value to legal scholars and professionals throughout the criminal justice system.
Author: R A Duff
Author: Gideon Yaffe
Author: James J. Duane
Author: Rachel Monroe
Author: Emily Marcus Levine
Author: David Perrier
Author: Antony Duff
Author: William R. Kelly
Author: Alex S. Vitale
Author: Lawrence M. Solan