A Guilty Mind
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Author | : Stephen P. Garvey |
Publisher | : Oxford University Press |
Total Pages | : 335 |
Release | : 2020-05-25 |
Genre | : Law |
ISBN | : 0190924349 |
When someone commits a crime, what are the limits on a state's authority to define them as worthy of blame, and thus liable to punishment? This book answers that question, building on two ideas familiar to criminal lawyers: actus reus and mens rea, usually translated as "guilty act" and "guilty mind." In Guilty Acts, Guilty Minds, Stephen P. Garvey proposes an understanding of actus reus and mens rea as limits on the authority of a state, and in particular the authority of a democratic state, to ascribe guilt to those accused of crime. Garvey argues that actus reus and mens rea are necessary conditions for legitimate state punishment. Drawing on the work of political philosophers, moral philosophers, and criminal law theorists, Garvey provides clear explanations of how these concepts apply to a wide variety of cases. The book charges readers to consider practical examples and ask: whatever you believe regarding the justice of the rules, did the state act within the scope of its legitimate authority when it enacted those rules into law? Based on extensive research, this book presents a new theory in which the concepts of actus reus and mens rea mark the limits of state power rather than simply describe the elements of a crime. Making the compelling distinction between legitimacy and justice, Guilty Acts, Guilty Minds provides an important perspective on the limits of state authority.
Author | : Elizabeth Papp Kamali |
Publisher | : Cambridge University Press |
Total Pages | : 353 |
Release | : 2019-08 |
Genre | : History |
ISBN | : 1108498795 |
Explores the role of criminal intent in constituting felony in the first two centuries of the English criminal trial jury.
Author | : Joseph Finder |
Publisher | : Penguin |
Total Pages | : 400 |
Release | : 2016-07-19 |
Genre | : Fiction |
ISBN | : 0698409752 |
New York Times bestselling author Joseph Finder delivers an exhilarating and timely thriller exploring how even the most powerful among us can be brought down by a carefully crafted lie and how the secrets we keep can never truly stay buried. The chief justice of the Supreme Court is about to be defamed, his career destroyed, by a powerful gossip website that specializes in dirt on celebs and politicians. Their top reporter has written an exposé claiming that he had liaisons with an escort, a young woman prepared to tell the world her salacious tale. But the chief justice is not without allies and his greatest supporter is determined to stop the story in its tracks. Nick Heller is a private spy—an intelligence operative based in Boston, hired by lawyers, politicians, and even foreign governments. A high-powered investigator with a penchant for doing things his own way, he’s called to Washington, DC, to help out in this delicate, potentially explosive situation. Nick has just forty-eight hours to disprove the story about the chief justice. But when the call girl is found murdered, the case takes a dangerous turn, and Nick resolves to find the mastermind behind the conspiracy before anyone else falls victim to the maelstrom of political scandal and ruined reputations predicated upon one long-buried secret.
Author | : K.L. Murphy |
Publisher | : HarperCollins |
Total Pages | : 281 |
Release | : 2016-06-14 |
Genre | : Fiction |
ISBN | : 0062491628 |
Accused of murdering his psychiatrist, a broken man must face his horrific past in order to protect his future George Vandenberg is a drunk with a volatile temper, haunted by the memory of the young woman he once loved and tragically lost. Wrestling with his guilt and pushed by his psychiatrist to confess his role in her death, he teeters on the edge of a nervous breakdown, blacking out drunk more often than not. But when his doctor turns up dead, brutally stabbed to death in his office, George has nowhere left to turn. Stunned and confused, George emerges as the primary suspect in an investigation led by Detective Mike Cancini, a D.C. cop who knows all too well how far a man can go when he’s pushed. To prove his innocence, George must face the police, his manipulative wife, and the shell of a man he’s become. But as much as George wants to forget his history, the past is not done with him…
Author | : William S. Laufer |
Publisher | : University of Chicago Press |
Total Pages | : 306 |
Release | : 2008-10-31 |
Genre | : Law |
ISBN | : 0226470423 |
We live in an era defined by corporate greed and malfeasance—one in which unprecedented accounting frauds and failures of compliance run rampant. In order to calm investor fears, revive perceptions of legitimacy in markets, and demonstrate the resolve of state and federal regulators, a host of reforms, high-profile investigations, and symbolic prosecutions have been conducted in response. But are they enough? In this timely work, William S. Laufer argues that even with recent legal reforms, corporate criminal law continues to be ineffective. As evidence, Laufer considers the failure of courts and legislatures to fashion liability rules that fairly attribute blame for organizations. He analyzes the games that corporations play to deflect criminal responsibility. And he also demonstrates how the exchange of cooperation for prosecutorial leniency and amnesty belies true law enforcement. But none of these factors, according to Laufer, trumps the fact that there is no single constituency or interest group that strongly and consistently advocates the importance and priority of corporate criminal liability. In the absence of a new standard of corporate liability, the power of regulators to keep corporate abuses in check will remain insufficient. A necessary corrective to our current climate of graft and greed, Corporate Bodies and Guilty Minds will be essential to policymakers and legal minds alike. “[This] timely work offers a dispassionate analysis of problems relating to corporate crime.”—Harvard Law Review
Author | : Federica Coppola |
Publisher | : Bloomsbury Publishing |
Total Pages | : 272 |
Release | : 2021-02-11 |
Genre | : Law |
ISBN | : 1509934308 |
This book seeks to reframe the normative narrative of the 'culpable person' in American criminal law through a more humanising lens. It embraces such a reframed narrative to revise the criteria of the current voluntarist architecture of culpability and to advance a paradigm of punishment that positions social rehabilitation as its core principle. The book constructs this narrative by considering behavioural and neuroscientific insights into the functions of emotions, and socio-environmental factors within moral behaviour in social settings. Hence, it suggests culpability notions that reflect a more contextualised view of human conduct, and argues that such revised notions are better suited to the principle of personal guilt. Furthermore, it suggests a model of 'punishment' that values the dynamic power of change of individuals, and acknowledges the importance of social relationships and positive environments to foster patterns of social (re)integration. Ultimately, this book argues that the potential adoption of the proposed models of culpability and punishment, which view people through a more comprehensive lens, may be a key factor for turning criminal justice into a less punitive, more inclusionary and non-stigmatising system.
Author | : Dorothy Otnow Lewis, Ph.D. |
Publisher | : Ivy Books |
Total Pages | : 351 |
Release | : 2009-02-04 |
Genre | : Law |
ISBN | : 0307556557 |
A psychiatrist and an internationally recognized expert on violence, Dorothy Otnow Lewis has spent the last quarter century studying the minds of killers. Among the notorious murderers she has examined are Ted Bundy, Arthur Shawcross, and Mark David Chapman, the man who shot John Lennon. Now she shares her groundbreaking discoveries--and the chilling encounters that led to them. From a juvenile court in Connecticut to the psychiatric wards of New York City's Bellevue Hospital, from maximum security prisons to the corridors of death row, Lewis and her colleague, the eminent neurologist Jonathan Pincus, search to understand the origins of violence. GUILTY BY REASON OF INSANITY is an utterly absorbing odyssey that will forever change the way you think about crime, punishment, and the law itself.
Author | : William Hirstein |
Publisher | : MIT Press |
Total Pages | : 305 |
Release | : 2023-09-19 |
Genre | : Psychology |
ISBN | : 0262549271 |
An examination of the relationship between the brain and culpability that offers a comprehensive neuroscientific theory of human responsibility. When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a defendant on trial for murder were found to have serious brain damage, which brain parts or processes would have to be damaged for him to be considered not responsible, or less responsible, for the crime? What mental illnesses would justify legal pleas of insanity? In Responsible Brains, philosophers William Hirstein, Katrina Sifferd, and Tyler Fagan examine recent developments in neuroscience that point to neural mechanisms of responsibility. Drawing on this research, they argue that evidence from neuroscience and cognitive science can illuminate and inform the nature of responsibility and agency. They go on to offer a novel and comprehensive neuroscientific theory of human responsibility. The authors' core hypothesis is that responsibility is grounded in the brain's prefrontal executive processes, which enable us to make plans, shift attention, inhibit actions, and more. The authors develop the executive theory of responsibility and discuss its implications for criminal law. Their theory neatly bridges the folk-psychological concepts of the law and neuroscientific findings.
Author | : Amanda Moore |
Publisher | : |
Total Pages | : 0 |
Release | : 2004-08 |
Genre | : Assault and battery |
ISBN | : 9780595324897 |
Dr. Lara Redmond, supervisor at Hope Community Clinic, cares deeply for the people in her life. When one of her supervisees, Andrea Parks, is severely beaten and left for dead, Lara takes it upon herself to find Andrea's attacker. Lara enlists the assistance of her friend, Anne Loral, a private investigator, to look into the background of a man she finds suspect. The police are looking hard at Justin Starling, Andrea's closest friend. He confesses that he and Andrea had an argument the day before her attack. Did his anger get out of hand, causing him to lash out at Andrea? Detective Smith of the Columbia Police Department seems to think so. But Lara can't stop thinking about something Andrea disclosed in the privacy of her office at the clinic. A story told in confidence that leads Lara to place her own safety in jeopardy. Meanwhile, Andrea lays comatose in a hospital bed, unable to provide the authorities much needed information about her attacker. Mens Rea is an emotional journey through the experiences of Lara Redmond and Andrea Parks, two women struggling to find a sense of truth and meaning in life, and in death.
Author | : Norah McClintock |
Publisher | : Orca Book Publishers |
Total Pages | : 224 |
Release | : 2012-04-01 |
Genre | : Young Adult Fiction |
ISBN | : 1554699932 |
Finn watches in horror as his stepmother is gunned down in front of his house. His father reacts and kills the gunman. When Finn learns that the killer is the same man who admitted to killing his birth mother years before, he is shocked and wants to know if this is more than a terrible coincidence. At the police station, he meets Lila, daughter of the killer, and they strike up a wary friendship. Both of them are desperate to find the truth. What they discover hints at a much larger conspiracy.