Excusing Crime
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Excusing Crime
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Author : Jeremy Horder
language : en
Publisher: Oxford University Press, USA
Release Date : 2004
Excusing Crime written by Jeremy Horder and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
When should someone who may have intentionally or knowingly committed criminal wrongdoing be excused? Excusing Crime examines what excusing conditions are, and why familiar excuses, such as duress, are thought to fulfil those conditions. Setting himself against the 'classical' view of excuses, which has a long heritage, and is enshrined in different forms in many of the world's criminal codes, both liberal and non-liberal; Jeremy Horder argues that it is now time to move forwards. He contends that a wider range of excuses--'diminished capacity', 'due diligence' and 'demands of conscience'--should be recognised in law.
Mistake Of Law
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Author : Annemieke van Verseveld
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-08-28
Mistake Of Law written by Annemieke van Verseveld and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-28 with Law categories.
When a perpetrator of an international crime argues in his defence that he did not realise that he had violated the law, is this a reason not to punish him? International crimes constitute serious offences and it could be argued that he who commits such an offence must know his act is punishable. After all, everyone is presumed to know the law. However, convicting someone who is mistaken about the wrongfulness of his act may be in violation of the principle ‘no punishment without guilt’. This book investigates when 'mistake of law' should be a reason to exculpate the perpetrator of an international crime. It demonstrates that the issue of 'mistake of law' goes to the heart of individual criminal responsibility and therewith contributes to the development of a more systematic approach toward the structure of international offences. Valuable for academics and practitioners in the field of International Criminal Law.
Justification And Excuse In The Criminal Law
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Author : John Cyril Smith
language : en
Publisher:
Release Date : 1989
Justification And Excuse In The Criminal Law written by John Cyril Smith and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Law categories.
Criminal Responsibility And Partial Excuses
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Author : George Mousourakis
language : en
Publisher: Routledge
Release Date : 2018-12-17
Criminal Responsibility And Partial Excuses written by George Mousourakis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-17 with Law categories.
Publsihed in 1998, this book examines the relationship between responsibility and criminal liability through an analysis of provocation and related criminal defences. It begins by identifying fundamental questions about the role of justifications and excuses in the criminal law as they emerge from the discussion of philosophical theories of responsibility. Following an outline of the distinction between murder and manslaughter and its history, the basic doctrinal issues relating to the nature and rationale of provocation and other partial defences are then identified and discussed in depth, together with the circumstances under which these defences can be raised. Although the analysis focuses, for the most part, on English law, the references to other legal systems which are included in the work add an important comparative perspective to the discussion of the issues. The book should be of special interest to criminal lawyers, legal theorists and students interested in comparative criminal law and jurisprudence.
Killer Excuses
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Author : Wayne Howell
language : en
Publisher:
Release Date : 2013-01-01
Killer Excuses written by Wayne Howell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Crime categories.
This is a courtroom-drama collection of some of the most extraordinary defences tried in Australian manslaughter and murder trials. Most people have used ridiculous excuses to avoid punishment, but when it comes to classic excuses one group of people leaves all others for dead - killers. The courts have made up their minds, now it's your turn. 'I was trying to exorcise a demon.' 'I thought he was a deer.' 'We were just having sex - in the sea.' Classic excuses used by killers to try and avoid punishment. Intriguing insights into human behaviour. 'Whydunits' fascinating explanations on why people kill. Author Wayne Howell covered the courts for the Herald Sun newspaper and AAP for ten of his eighteen years in journalism. He is the author of three collections of true crime stories.
Justification And Excuse In The Criminal Law
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Author : Michael Louis Corrado
language : en
Publisher: Taylor & Francis
Release Date : 1994-01-01
Justification And Excuse In The Criminal Law written by Michael Louis Corrado and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-01-01 with Criminal law categories.
Psychiatric Aspects Of Justification Excuse And Mitigation In Anglo American Criminal Law
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Author : Alec Buchanan
language : en
Publisher: Jessica Kingsley Publishers
Release Date : 2000-07-24
Psychiatric Aspects Of Justification Excuse And Mitigation In Anglo American Criminal Law written by Alec Buchanan and has been published by Jessica Kingsley Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-07-24 with Law categories.
Violent crimes committed by the mentally disordered attract academic and public attention. They raise issues of moral responsibility and public protection. This study systematically analyses the principles underlying those legal and medical devices which enable the courts to make special arrangements for the mentally disordered. Buchanan examines three fundamental precepts in criminal law: justification, excuse and mitigation. A defendant who has been proved guilty can usually have his or her sentence reduced only where one of these three principles applies. The way that the courts interpret notions of responsibility and choice may influence the outcome considerably. For mentally disordered offenders, the matter becomes even more complicated - this is where the psychological and psychiatric aspects of justification, excuse and mitigation come into play. The author combines a jurisprudential analysis of the above with a discussion of current legal provision for mentally disordered offenders in England and America. This thought-provoking book will be of particular interest to a wide range of professionals in the forensic field, as well as to academics specialising in mental health law and the philosophy of psychiatry.
War Crimes
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Author : Matthew Talbert
language : en
Publisher: Oxford University Press, USA
Release Date : 2018-11
War Crimes written by Matthew Talbert and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11 with Philosophy categories.
In 2005, US Marines killed 24 unarmed Iraqi civilians in the town of Haditha, including several children. How should we assess the perpetrators of this and other war crimes? Is it unfair to blame the Marines because they were subject to situational pressures such as combat stress (and had lost one of their own in combat)? Or should they be held responsible for their actions, since they intentionally chose to kill civilians? In this book, Matthew Talbert and Jessica Wolfendale take up these moral questions and propose an original theory of the causes of war crimes and the responsibility of war crimes perpetrators. In the first half of the book, they challenge accounts that explain war crimes by reference to the situational pressures endured by military personnel, including peer pressure, combat stress, and propaganda. The authors propose an alternative theory that explains how military personnel make sense of their participation in war crimes through their self-conceptions, goals, and values. In the second half of the book, the authors consider and reject theories of responsibility that excuse perpetrators on the grounds that situational pressures often encourage them to believe that their behavior is permissible. Such theories of responsibility are unacceptably exculpatory, implying it is unreasonable for victims of war crimes to blame their attackers. By contrast, Talbert and Wolfendale argue that perpetrators of war crimes may be blameworthy if their actions express objectionable attitudes towards their victims, even if they sincerely believe that what they are doing is right.
Ashworth S Principles Of Criminal Law
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Author : Jeremy Horder
language : en
Publisher: Oxford University Press, USA
Release Date : 2019
Ashworth S Principles Of Criminal Law written by Jeremy Horder and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Ashworth's Principles of Criminal Law, now in its ninth edition, takes a distinctive approach to the subject of criminal law, whilst still covering all of the vital topics found on criminal law courses. Uniquely theoretical, it seeks to enlighten the reader as to the underlying principles and theoretical foundations of the criminal law, critically engaging readers by contextualizing and analysing the law. This is essential reading for students seeking a sophisticated and critically engaging exploration of the subject. Online Resources The text is accompanied by online resources housing a full bibliography as well as a selection of useful web links.
Homicide And The Politics Of Law Reform
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Author : Jeremy Horder
language : en
Publisher: Oxford University Press
Release Date : 2012-07-12
Homicide And The Politics Of Law Reform written by Jeremy Horder and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-12 with Law categories.
What makes murder, murder? How should we understand the difference between intentional and reckless killing? Should offenders be punished differently according to the perceived severity of their crime and when should they be excused? These questions are the topic of intense debate within legal circles and beyond in the UK, the US, and the rest of world. Jeremy Horder's role as the Law Commissioner for England and Wales on criminal law has given him unique insight into these questions and the debates surrounding them. Here he analyses the recent political and legal reform movements, offering a political history of homicide law reform from the 19th century to the modern era. Using homicide as a starting point, Horder raises deeper questions of who is and should be responsible for making and changing the law. What role should there be for expert bodies, judges, and politicians? What role should there be for the general public? These questions invoke strong emotional responses. Horder argues that comprehensive research into, and a degree of difference to, public opinion on the scope of homicide is essential to the reform process. It is essential principally as a means of conferring true legitimacy on homicide reform in a democracy. Elite or expert opinion alone will never authentically secure such legitimacy. Offering an insider's view into the processes of achieving law reform, Horder expresses criticism of a system that excludes the vast majority of people from consultation on reform of the laws that govern them.