Criminal Law Defenses
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Defenses In Contemporary International Criminal Law
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Author : Geert-Jan G. J. Knoops
language : en
Publisher: BRILL
Release Date : 2008
Defenses In Contemporary International Criminal Law written by Geert-Jan G. J. Knoops and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
The Second Edition of "Defenses in Contemporary International Criminal Law" ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court, while examining the first judgment in this field rendered by the Special Court for Sierra Leone, on June 20, 2007. The conceptual reach of this work includes not only the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, mistake of law and fact, immunity of States), but also presents a strong case for the incorporation of genetic and neurobiological data into the functioning of certain defenses. Procedural mechanisms to invoke these defenses are also addressed.
Justification Defenses And Just Convictions
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Author : Robert F. Schopp
language : en
Publisher: Cambridge University Press
Release Date : 1998-01-13
Justification Defenses And Just Convictions written by Robert F. Schopp and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-01-13 with Law categories.
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.
General Defences In Criminal Law
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Author : Alan Reed
language : en
Publisher: Routledge
Release Date : 2016-04-15
General Defences In Criminal Law written by Alan Reed and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-15 with Law categories.
The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform. The collection includes contributions from leading experts across various jurisdictions. Part I examines the law in the United Kingdom, with specialist contributions on Irish and Scottish law. Part II consists of contributions by authors from a number of foreign jurisdictions, all written to a common research grid for maximum comparability, which provide a wider background of how other legal systems treat problems relating to general defences in the context of the criminal law, and which may serve as points of reference for domestic law reform.
Defences In Contemporary International Criminal Law
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Author : Geert-Jan Knoops
language : en
Publisher: BRILL
Release Date : 2021-10-25
Defences In Contemporary International Criminal Law written by Geert-Jan Knoops and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-25 with Law categories.
In an area of law so thoroughly politicized, culturally freighted and passionately punitive, there is need for an extraordinary measure of protection for the accused if we are to pay more than lip service to justice. Defenses in Contemporary International Criminal Law ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court. Dr. Knoops' conceptual reach not only includes the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, immunity of States) but also presents a strong case for the incorporation of genetic and neurobiological data into the working assets of the international criminal defense attorney. Published under the Transnational Publishers imprint.
Law Of Crime And Self Defence
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Author : R. D. Yadav
language : en
Publisher: Mittal Publications
Release Date : 1993
Law Of Crime And Self Defence written by R. D. Yadav and has been published by Mittal Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Self-defense (Law) categories.
Rationale Based Defences In Criminal Law
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Author : Mark Dsouza
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-05-04
Rationale Based Defences In Criminal Law written by Mark Dsouza and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-04 with Law categories.
PRAISE FOR THE BOOK “Despite the existing scholarly literature on criminal defences, many issues remain contested or unresolved. Dr Dsouza offers a thorough and scholarly treatment of a complex topic which can be expected to become a point of reference for future work in the field.” Professor James Chalmers, University of Glasgow “Mark Dsouza has produced an engaging, incisive and cogently argued monograph, that makes an original contribution to criminal law theory. Required reading for scholars and graduate students working on criminal law defences.” Professor Paul Roberts, University of Nottingham Although it is often accepted that rationale-based defences to criminal liability can be justificatory or excusatory, disagreements about how best to conceptualise the categories of justification and excuse have appeared so interminable that some theorists argue that they should be abandoned altogether. This book offers a novel, principled, and intuitively appealing conceptual account of the natures of justifications and excuses, showing how they differ, and why the distinction between them matters. The monograph breaks new ground by defending a model of rationale-based defences that turns solely on the quality of the defendant's reasoning. This model is shown to generate appealing liability outcomes, advance convincing solutions to questions that have puzzled criminal lawyers for years, and offer suggestions for doctrinal reform that are both normatively sound, and practical. By proposing new ways to think about defences, this book makes an original contribution to criminal law theory that will be of benefit to academics, practitioners, and persons interested in law reform.
Self Defence In Criminal Law
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Author : Boaz Sangero
language : en
Publisher: Bloomsbury Publishing
Release Date : 2006-07-24
Self Defence In Criminal Law written by Boaz Sangero and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-07-24 with Law categories.
This book combines a careful philosophical discussion of the rationale justifying self-defence with a detailed discussion of the range of statutory self-defence requirements, as well as discussions of numerous other relevant issues (i.e. putative self-defense, excessive self-defense, earlier guilt and battered women). The book argues that before formulating definitions for each aspect of self-defence (necessity, proportionality, retreat, immediacy, mental element, etc.) it is imperative to determine the proper rationale for self-defence and, only then to derive the appropriate solutions. The first part contains an in-depth discussion of why society allows a justification for acts but does not excuse the actor from criminal liability, and the author critically analyzes current theories (culpability of the aggressor; autonomy of the attacked person; protection of the social-legal order; balancing interests; choice of the lesser evil) and points out the weaknesses of each theory before proposing a new theory to explain the justification of self-defence. The new theory is that for the full justification of self-defence, a balance of interests must be struck between the expected physical injury to the attacked person and the expected physical injury to the aggressor, as well as the relevant abstract factors: the autonomy of the attacked person, the culpability of the aggressor, and the social-legal order. The author demonstrates how ignoring one or more of these factors leads to erroneous results and how the proposed rationale can be applied to develop solutions to the complex questions raised.
Robinson Criminal Law Defenses 2 Vols
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Author : West Publishing Company, College & School Division
language : en
Publisher:
Release Date : 1984-01
Robinson Criminal Law Defenses 2 Vols written by West Publishing Company, College & School Division and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984-01 with categories.
Criminal Law Defenses 3 Of 5
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Author : Law Charts, LLC
language : en
Publisher:
Release Date : 2000
Criminal Law Defenses 3 Of 5 written by Law Charts, LLC and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with categories.
Defences To Crime
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Author :
language : en
Publisher:
Release Date : 1887
Defences To Crime written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1887 with Actions and defenses categories.