Reinterpreting Criminal Complicity And Inchoate Participation Offences

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Reinterpreting Criminal Complicity And Inchoate Participation Offences

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Author : Dennis J. Baker
language : en
Publisher: Routledge
Release Date : 2016-05-26

Reinterpreting Criminal Complicity And Inchoate Participation Offences written by Dennis J. Baker and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-26 with Law categories.

In Reinterpreting Criminal Complicity and Inchoate Participation Offences, Dennis J. Baker argues that the mental element in complicity is one of intention, that recklessness alone is not sufficient. This is demonstrated by showing that the ancient and modern authorities on complicity required intention. The book argues the ‘causal participation’ element in complicity means that the conduct element can only be established when there is intentional encouragement on the part of the accessory. As the Accessories and Abettors Act 1861, like most of the statutory provisions found in the United States, deems that both perpetrator and accessory are perpetrators for the purpose of punishment and crime labelling, limiting the mental element in complicity to intentional participation is, the author argues, the only way to reconcile these provisions with the requirements of proportionate punishment and fair labelling. As some forms of reckless encouragement and assistance will not be criminalised if the mental element in complicity is intention only, the author suggests that the solution is to amend section 45 of the Serious Crime Act 2007 to criminalise reckless participation. In addition, the author argues that standard complicity and joint enterprise complicity have the same mental and conduct elements and thus joint enterprise complicity is not a distinct form of complicity.

Reinterpreting Criminal Complicity And Inchoate Participation Offences

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Author : Dennis Baker
language : en
Publisher: Routledge
Release Date : 2016-05-26

Reinterpreting Criminal Complicity And Inchoate Participation Offences written by Dennis Baker and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-26 with Law categories.

In Reinterpreting Criminal Complicity and Inchoate Participation Offences, Dennis J. Baker argues that the mental element in complicity is one of intention, that recklessness alone is not sufficient. This is demonstrated by showing that the ancient and modern authorities on complicity required intention. The book argues the ‘causal participation’ element in complicity means that the conduct element can only be established when there is intentional encouragement on the part of the accessory. As the Accessories and Abettors Act 1861, like most of the statutory provisions found in the United States, deems that both perpetrator and accessory are perpetrators for the purpose of punishment and crime labelling, limiting the mental element in complicity to intentional participation is, the author argues, the only way to reconcile these provisions with the requirements of proportionate punishment and fair labelling. As some forms of reckless encouragement and assistance will not be criminalised if the mental element in complicity is intention only, the author suggests that the solution is to amend section 45 of the Serious Crime Act 2007 to criminalise reckless participation. In addition, the author argues that standard complicity and joint enterprise complicity have the same mental and conduct elements and thus joint enterprise complicity is not a distinct form of complicity.

Criminal Law

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Author : Jonathan Herring
language : en
Publisher: Oxford University Press
Release Date : 2018

Criminal Law written by Jonathan Herring 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 2018 with Criminal law categories.

Jonathan Herring's unique and bestselling approach of separating out the doctrinal and theoretical aspects of the law, alongside expertly selected extracts, makes this book enduringly popular with students and teachers.

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language : en
Publisher: Oxford University Press
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written by 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 with categories.

Great Debates In Criminal Law

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Author : Jonathan Herring
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-06-01

Great Debates In Criminal Law written by Jonathan Herring and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-01 with Law categories.

This textbook is an introduction to more advanced writings on criminal law, primarily designed to allow students to think critically and analyse specific topics. Each chapter is structured around key questions and debates that provoke deeper thought. It asks questions such as: Why do we have the laws that we have? Could the criminal law look differently? How should the law be applied to novel situations? Does the law in fact reflect prejudices? The aim of the book is not to present a complete overview of theoretical issues in criminal law, but rather to illustrate the current debates among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading. New to this Edition: - A new debate on the law on body modification - Fresh discussion of the law on dishonesty - Important new case law on causation - Detailed discussion of developments on the law on accessory - Significant developments on the law on sexual offences

Artificial Intelligence And The Law

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Author : Dennis J. Baker
language : en
Publisher: Routledge
Release Date : 2020-10-29

Artificial Intelligence And The Law written by Dennis J. Baker and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-29 with Computers categories.

This volume presents new research in artificial intelligence (AI) and Law with special reference to criminal justice. It brings together leading international experts including computer scientists, lawyers, judges and cyber-psychologists. The book examines some of the core problems that technology raises for criminal law ranging from privacy and data protection, to cyber-warfare, through to the theft of virtual property. Focusing on the West and China, the work considers the issue of AI and the Law in a comparative context presenting the research from a cross-jurisdictional and cross-disciplinary approach. As China becomes a global leader in AI and technology, the book provides an essential in-depth understanding of domestic laws in both Western jurisdictions and China on criminal liability for cybercrime. As such, it will be a valuable resource for academics and researchers working in the areas of AI, technology and criminal justice.

Criminal Law Reform Now Volume 2

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Author : Melissa Bone
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-05-02

Criminal Law Reform Now Volume 2 written by Melissa Bone and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-02 with Law categories.

If you could change one part of the criminal law, what would it be? Following the success of the 1st volume, the same question is put to a new selection of leading academics and practitioners. The first eight chapters of the collection present their responses in the form of legal reform proposals, with topics ranging across criminal law, criminal justice and evidence – including corporate liability, consent to bodily harms, prostitution, domestic abuse, economic crimes, defendant anonymity, appeal court structures and the procedures of the Criminal Cases Review Commission. Each chapter is followed by a comment from a different author, providing an additional expert view on each proposal. Finally, the last two chapters broaden the debate to discuss criminal law reform in general, from the challenges of decriminalisation to exploring the systemic dynamics of centralisation, austerity and politicisation. The collection highlights and explores the current reform debates that matter most to legal experts, with each chapter making a positive case for change.

Atrocity Speech Law

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Author : Gregory S. Gordon
language : en
Publisher: Oxford University Press
Release Date : 2017-04-11

Atrocity Speech Law written by Gregory S. Gordon 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 2017-04-11 with Law categories.

The law governing the relationship between speech and core international crimes — a key component in atrocity prevention — is broken. Incitement to genocide has not been adequately defined. The law on hate speech as persecution is split between the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). Instigation is confused with incitement and ordering's scope is too circumscribed. At the same time, each of these modalities does not function properly in relation to the others, yielding a misshapen body of law riddled with gaps. Existing scholarship has suggested discrete fixes to individual parts, but no work has stepped back and considered holistic solutions. This book does. To understand how the law became so fragmented, it returns to its roots to explain how it was formulated. From there, it proposes a set of nostrums to deal with the individual deficiencies. Its analysis then culminates in a more comprehensive proposal: a Unified Liability Theory, which would systematically link the core crimes of genocide, crimes against humanity, and war crimes with the four illicit speech modalities. The latter would be placed in one statutory provision criminalizing the following types of speech: (1) incitement (speech seeking but not resulting in atrocity); (2) speech abetting (non-catalytic speech synchronous with atrocity commission); (3) instigation (speech seeking and resulting in atrocity); and (4) ordering (instigation/incitement within a superior-subordinate relationship). Apart from its fragmentation, this body of law lacks a proper name as Incitement Law or International Hate Speech Law, labels often used, fail to capture its breadth or relationship to mass violence. So this book proposes a new and fitting appellation: atrocity speech law.

Smith Hogan And Ormerod S Criminal Law

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Author : David Ormerod
language : en
Publisher: Oxford University Press
Release Date : 2021

Smith Hogan And Ormerod S Criminal Law written by David Ormerod 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 2021 with Criminal law categories.

Smith, Hogan, & Ormerod's Criminal Law is rightly regarded as the leading doctrinal textbook on criminal law in England and Wales. The book owes its consistent popularity to its depth of analysis, breadth of coverage, and accessible style. Over fifty years since the publication of the first edition, Professor David Ormerod and Karl Laird continue the tradition set down by Professors Sir John Smith and Brian Hogan by producing a textbook of unrivalled quality. The text continues to be an invaluable resource for undergraduate students and an essential reference source for criminal law practitioners. Digital formats and resources The sixteenth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks A selection of online resources accompany this text, including: - A selection of additional online chapters - A full bibliography arranged alphabetically and by chapter - Annual updates

Smith Hogan And Ormerod S Criminal Law

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Author : David Ormerod
language : en
Publisher: Oxford University Press
Release Date : 2018

Smith Hogan And Ormerod S Criminal Law written by David Ormerod 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 2018 with Criminal law categories.

Smith, Hogan, & Ormerod's Criminal Law is rightly regarded as the leading doctrinal textbook on criminal law in England and Wales. Published in its first edition over fifty years ago, it continues to be a key text for undergraduates and an essential reference source for practitioners.