Answering For Crime
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| Author | : R A Duff |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 218 |
| Release | : 2007-11-16 |
| Genre | : Law |
| ISBN | : 1847317170 |
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 | : R A Duff |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 342 |
| Release | : 2007-11-16 |
| Genre | : Law |
| ISBN | : 1847313922 |
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 |
| Total Pages | : 252 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 019880332X |
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 | : David Perrier |
| Publisher | : Thomson Carswell |
| Total Pages | : 738 |
| Release | : 2003 |
| Genre | : Law |
| ISBN | : 9780459283377 |
| Author | : D P Lyle |
| Publisher | : Medallion Media Group |
| Total Pages | : 413 |
| Release | : 2012-04-01 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 1605423971 |
This compilation of medical and forensic science questions from crime writers around the world provides insight into medical and forensic science as well as a glimpse into the writer’s creative mind. How do hallucinogenic drugs affect a blind person? Will snake venom injected into fruit cause death? How would you perform CPR in a helicopter? What happens when someone swallows razor blades? How long does it take blood to dry? Can DNA be obtained from a half-eaten bagel? D. P. Lyle, MD, answers these and many more intriguing questions. The book is a useful and entertaining resource for writers and screenwriters, helping them find the information they need to frame a situation and write a convincing description. TV viewers, readers who enjoy crime fiction, and those who want to know more about forensic science can keep up with the news and understand the science behind criminal investigation. From traumatic injuries to the coroner’s office, the questions and answers are divided into five parts, making it a compendium of the incredible information that lies within the world of medicine and forensics.
| Author | : James J. Duane |
| Publisher | : Little a |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : POLITICAL SCIENCE |
| ISBN | : 9781503933392 |
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 | : Lawrence M. Solan |
| Publisher | : University of Chicago Press |
| Total Pages | : 301 |
| Release | : 2010-08-15 |
| Genre | : Law |
| ISBN | : 0226767876 |
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 | : Patricia Barnes-Svarney |
| Publisher | : Visible Ink Press |
| Total Pages | : 555 |
| Release | : 2018-09-01 |
| Genre | : Social Science |
| ISBN | : 1578596815 |
A practical, accessible, and informative guide to the science of criminal investigations. Covering the fundamentals, science, history, and analysis of clues, The Handy Forensic Science Answer Book: Reading Clues at the Crime Scene, Crime Lab and in Court provides detailed information on crime scene investigations, techniques, laboratory finding, the latest research, and controversies. It looks at the science of law enforcement, how evidence is gathered, processed, analyzed, and viewed in the courtroom, and more. From the cause, manner, time of a death, and autopsies to blood, toxicology, DNA typing, fingerprints, ballistics, tool marks, tread impressions, and trace evidence, it takes the reader through the many sides of a death investigation. Arson, accidents, computer crimes, criminal profiling, and much, much more are also addressed. The Handy Forensic Science Answer Book gives real-world examples and looks at what Hollywood gets right and wrong. It provides the history of the science, and it introduces the scientists behind breakthroughs. An easy-to-use and informative reference, it brings the complexity of a criminal investigation into focus and provides well-researched answers to over 950 common questions, such as ... What is the difference between cause of death and manner of death? How did a person’s skull fit into criminal evidence in the early 1800s? When were fingerprints first used to identify a criminal? How is the approximate time of death of a crime scene victim determined? What is forensic serology? What is the National Missing and Unidentified Persons System? Can a forensics expert look at skeletal remains and tell whether the person was obese? How can a simple knot analyzed in the crime lab be used as evidence? Can fingerprints be permanently changed or destroyed? How fast does a bullet travel? How was a chemical analysis of ink important in the conviction of Martha Stewart? What types of data are often retrieved from a crime scene cellphone? Can analyses similar to those used in forensics be used to uncover doping in athletics? What is the Personality Assessment Inventory? What are some motives that cause an arsonist to start a fire? What state no longer allows bite marks as admissible evidence in a trial? What is the Innocence Project? Why are eyewitness accounts not always reliable? Who was “Jack the Ripper”? Providing the facts, stats, history, and science, The Handy Forensic Science Answer Book answers intriguing questions about criminal investigations. This informative book also includes a helpful bibliography, glossary of terms, and an extensive index, adding to its usefulness.
| Author | : R. A. Duff |
| Publisher | : OUP Oxford |
| Total Pages | : 250 |
| Release | : 2013-01-31 |
| Genre | : Law |
| ISBN | : 0191655279 |
The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.
| Author | : R A Duff |
| Publisher | : Oxford University Press |
| Total Pages | : 478 |
| Release | : 2018-06-27 |
| Genre | : Law |
| ISBN | : 0191058580 |
We are said to face a crisis of over-criminalization: our criminal law has become chaotic, unprincipled, and over-expansive. This book proposes a normative theory of criminal law, and of criminalization, that shows how criminal law could be ordered, principled, and restrained. The theory is based on an account of criminal law as a distinctive legal practice that functions to declare and define a set of public wrongs, and to call to formal public account those who commit such wrongs; an account of the role that such practice can play in a democratic republic of free and equal citizens; and an account of the central features of such a political community, and of the way in which it constitutes its public realm-its civil order. Criminal law plays an important, but limited, role in such a political community in protecting, but also partly constituting, its civil order. On the basis of this account, we can see how such a political community will decide what kinds of conduct should be criminalized - not by applying one or more of the substantive master principles that theorists have offered, but by considering which kinds of conduct fall within its public realm (as distinct from the private realms that are not the polity's business), and which kinds of wrong within that realm require this distinctive kind of response (rather than one of the other kinds of available response). The outcome of such a deliberative process will probably be a more limited, and a more rational and principled, criminal law.
