In Search Of Criminal Responsibility
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| Author | : Nicola Lacey |
| Publisher | : Oxford University Press |
| Total Pages | : 257 |
| Release | : 2016 |
| Genre | : History |
| ISBN | : 0199248206 |
What makes someone responsible for a crime and therefore liable tof punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history.
| Author | : E. van Sliedregt |
| Publisher | : Oxford University Press |
| Total Pages | : 370 |
| Release | : 2012-03 |
| Genre | : History |
| ISBN | : 0199560366 |
Atrocities such as genocide or crimes against humanity are usually committed by a large number of perpetrators. Moreover, those who masterminded the crimes may not have actively participated. This book sets out how these people can be held responsible for their crimes by international criminal tribunals.
| 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 | : Celia Wells |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 228 |
| Release | : 2001 |
| Genre | : Law |
| ISBN | : 9780199246199 |
Business corporations wield enormous economic power, and legal structures largely serve their interests. This book analyses the background to the demands to use criminal law sanctions against corporations, including demand for corporate manslaughter.
| Author | : Nina H. B. Jørgensen |
| Publisher | : Cambridge University Press |
| Total Pages | : 571 |
| Release | : 2020-09-17 |
| Genre | : Law |
| ISBN | : 1108651208 |
This book is concerned with the commercial exploitation of armed conflict; it is about money, war, atrocities and economic actors, about the connections between them, and about responsibility. It aims to clarify the legal framework that defines these connections and gives rise to criminal or, in some instances, civil responsibility, referring both to mechanisms for international criminal justice, such as the International Criminal Court, and domestic systems. It considers which economic actors among individuals, businesses, governments and States should be held accountable and before which forum. Additionally, it addresses the question of how to recover illegally acquired profits and redirect them to benefit the victims of war. The chapters shine a critical light on the options provided by a network of laws to ensure that the 'great industrialists' of our time, who find economic opportunities in the war-ravaged lives of others, are unable to pursue those opportunities with impunity.
| Author | : Ira K. Packer |
| Publisher | : Oxford University Press |
| Total Pages | : 212 |
| Release | : 2009-03-16 |
| Genre | : Psychology |
| ISBN | : 0199886679 |
Forensic mental health assessment (FMHA) has grown into a specialization informed by research and professional guidelines. This series presents up-to-date information on the most important and frequently conducted forms of FMHA. The 19 topical volumes address best approaches to practice for particular types of evaluation in the criminal, civil and juvenile/family areas. Each volume contains a thorough discussion of the relevant legal and psychological concepts, followed by a step-by-step description of the assessment process from preparing for the evaluation to writing the report and testifying in court. Volumes include the following helpful features: - Boxes that zero in on important information for use in evaluations - Tips for best practice and cautions against common pitfalls - Highlighting of relevant case law and statutes - Separate list of assessment tools for easy reference - Helpful glossary of key terms for the particular topic In making recommendations for best practice, authos consider empirical support, legal relevance, and consistency with ethical and professional standards. These volumes offer invaluable guidance for anyone involved in conducting or using forensic evaluations.
| Author | : Andrew Simester |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 537 |
| Release | : 2021-02-04 |
| Genre | : Law |
| ISBN | : 0198853149 |
This book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability but are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing.
| Author | : Ottavio Quirico |
| Publisher | : Routledge |
| Total Pages | : 298 |
| Release | : 2021-12-13 |
| Genre | : |
| ISBN | : 9781032241470 |
The book sheds light on the relationship between the responsibility of individuals and States for major offences, via a systemic investigation. The analysis provides a critical perspective on core mechanisms of the international legal system, addressing the regulation of crucial problems such as war, genocide and terrorism.
| Author | : C.T. Sistare |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 206 |
| Release | : 1989-10-31 |
| Genre | : Philosophy |
| ISBN | : 9780792303961 |
autonomy principally in tenns of the agent's conscious choice of ends or conduct. From this, the cognitivist emphasis on mental states and their contents naturally follows. The presence of specified mental states, as signifying agent choice, thus becomes the hallmark of responsible conduct. Capacities model theorists, by contrast, interpret personal autonomy and agent responsibility in tenns of the looser notion of 'control'. From this perspective, conscious choosing is but one (highly responsible) instance of such control, and the presence or absence of mental states is primarily relevant to detennining degrees of responsibility. The examination of these two models occupies the bulk of this manuscript. Exploration of the capacities model and criticism of the orthodox view also generate treatment of legal issues such as the use of negligence liability, the nature of criminal omissions, the character of various legal defenses, and so on. Chapters 2 and 3 set out some of the thematic arguments outlined above and introduce tenninology and useful distinctions. Chapters 4 through 7 provide substantive analyses of agent responsibility and of standards of criminal liability. In these chapters, I argue for the comparative superiority of the capacities model of responsibility and offer recommendations for changes in current legal conceptions and standards of liability. Each chapter centers on an element of individual responsibility and related legal concerns. The final chapter, Chapter 8, comprises an overview of the integrated theory of responsibility and liability and its comparison with the traditional view.
| Author | : Victor Tadros |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 389 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9780199225828 |
This book considers the proper nature and scope of criminal responsibility in the light of its institutional and political role. Tadros begins by providing an account of the foundations, both ethical and political, of criminal responsibility, and moves on to reconsider some of the central doctrines of criminal responsibility. Part 1 examines the nature of criminal responsibility by employing a distinctive new conception of autonomy. Tadros explores the nature of autonomy, and asks what it means to respect autonomy. Building upon this consideration of autonomy, Tadros then explores the central conditions of responsibility. He provides the first systematic consideration of the relationship between criminal responsibility and liberal political theory, showing how the conditions of responsibility are articulated in, and restrained by, the institutional setting of the criminal law. In Part 2, Tadros moves on to consider some of the central doctrines of criminal responsibility. He examines the proper nature and role of causation, intentions, and beliefs; asking whether these concepts should be understood as descriptive or normative. The book moves on to provide a systematic normative investigation of the nature and role of criminal omissions and criminal defenses. Included are: a thorough account of the different ways in which mental disorders might ground defenses, the nature of justification defenses, the different kinds of excuse claim and the role that particular characteristics of the accused might have on the standards which the defendant must have met to escape criminal responsibility.
