Simester And Sullivans Criminal Law
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Author | : A. P. Simester |
Publisher | : Hart Publishing Limited |
Total Pages | : 0 |
Release | : 2003 |
Genre | : Criminal law |
ISBN | : 9781841133645 |
Aimed at undergraduate law students seeking a firm grasp of doctrine and principle, this text combines theoretical precision and depth with a detailed exposition of the law.
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 | : Stephen Shute |
Publisher | : Oxford University Press, USA |
Total Pages | : 356 |
Release | : 2002 |
Genre | : Law |
ISBN | : 9780199243495 |
Concentrating upon those doctrines that make up the general part of the criminal law this collection of essays by leading American and British legal experts sheds theoretical light on key issues of contemporary relevance.
Author | : Smith Simester |
Publisher | : Oxford University Press on Demand |
Total Pages | : 280 |
Release | : 1996 |
Genre | : Language Arts & Disciplines |
ISBN | : 9780198260578 |
This volume draws together essays, from a number of leading authorities, which identify areas of the modern criminal law where there are significant conceptual difficulties. The subjects covered include justification, excuses, coercion complicity, drug-dealing and criminal harm.
Author | : Robert F. Schopp |
Publisher | : Cambridge University Press |
Total Pages | : 224 |
Release | : 1998-01-13 |
Genre | : Law |
ISBN | : 0521622115 |
This major study advances an interpretation of criminal justification defences that views them as an integral component of the structure of the criminal law. A definition of criminal law is included in this book.
Author | : John Gardner |
Publisher | : Oxford University Press, USA |
Total Pages | : 303 |
Release | : 2007-11-08 |
Genre | : Language Arts & Disciplines |
ISBN | : 0199239355 |
A selection of some of the author's best-known and most provocative writings on criminal law. Although it discusses the legitimacy of criminal punishment, it proceeds on the footing that the criminal law does many important things apart from punishing people.
Author | : Alexander Sarch |
Publisher | : |
Total Pages | : 297 |
Release | : 2019 |
Genre | : Law |
ISBN | : 0190056576 |
The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing need for change.
Author | : Kai Ambos |
Publisher | : Cambridge University Press |
Total Pages | : 507 |
Release | : 2020-01-16 |
Genre | : Law |
ISBN | : 1108483399 |
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Author | : A. P. Simester |
Publisher | : Oxford Monographs on Criminal |
Total Pages | : 0 |
Release | : 2005 |
Genre | : Law |
ISBN | : 9780199278510 |
Strict liability is a controversial phenomenon in the criminal law because of its potential to convict blameless persons. Offences are said to impose strict liability when, in relation to one or more elements of the actus reus, there is no need for the prosecution to prove a corresponding mensrea or fault element. For example, in the 1986 case of Storkwain, the defendant chemists were convicted of selling controlled medicines without prescription simply upon proof that they had in fact done so. It was irrelevant that they neither knew nor had reason to suspect that the 'prescriptions'they fulfilled were forgeries. Thus strict liability offences have the potential to generate criminal convictions of persons who are morally innocent.Appraising Strict Liability is a collection of original contributions offering the first full-length consideration of the problem of strict liability in the criminal law. The chapters, including European and Anglo-American perspectives, provide a sustained and wide-ranging examination of thefundamental issues. They explore the definition of strict liability; the relationship between strict liability and blame, and its implications for the requirement for culpability in criminal law; the relevance of European and human rights jurisprudence; and the interaction between substantive rulesof strict liability and evidential presumptions.The breadth and depth of the contributions combine to present readers with a sophisticated analysis of the place and legitimacy of strict liability in the criminal law.
Author | : Andrew L.-T. Choo |
Publisher | : Oxford University Press, USA |
Total Pages | : 258 |
Release | : 1993 |
Genre | : Criminal procedure |
ISBN | : |
This book is about the judicial discretion to stay criminal proceedings, and is the first full-length monograph to be published in England on the topic. It presents a fresh perspective on the discretion under consideration by setting the discretion against the general backdrop of the law of criminal evidence. In recent times, a number of evidence scholars have demonstrated persuasively that every exclusionary rule and exclusionary discretion in the law of criminal evidence can be explained by reference to the protection of the innocent from wrongful conviction and/or the protection of the moral integrity of the criminal process. It is demonstrated in this book that the judicial discretion to stay criminal proceedings can, and should, be viewed in the same way. A comparative perspective is adopted where appropriate, with particular reference being made to the jurisdictions of Canada, Australia, New Zealand, Ireland, and the United States.