Defining Crimes

Author : Antony Duff,Stuart P. Green
Publisher : Oxford University Press on Demand
Page : 247 pages
File Size : 45,6 Mb
Release : 2005
Category : Law
ISBN : 019926922X

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Defining Crimes by Antony Duff,Stuart P. Green Pdf

This collection of original essays, by some of the best known contemporary criminal law theorists, tackles a range of issues about the criminal law's 'special part' - the part of the criminal law that defines specific offences. One of its aims is to show the importance, for theory as well as for practice, of focusing on the special part as well as on the general part which usually receives much more theoretical attention. Some of the issues covered concern the proper scope of the criminal law, for example how far should it include offences of possession, or endangerment? If it should punish only wrongful conduct, how can it justly include so-called 'mala prohibita', which are often said to involve conduct that is not wrongful prior to its legal prohibition? Other issues concern the ways in which crimes should be classified. Can we make plausible sense, for instance, of the orthodox distinction between crimes of basic and general intent? Should domestic violence be definedas a distinct offence, distinguished from other kinds of personal violence? Also examined are the ways in which specific offences should be defined, to what extent those definitions should identify distinctive types of wrongs, and the light that such definitional questions throw on the grounds and structures of criminal liability. Such issues are discussed in relation not only to such crimes as murder, rape, theft and other property offences, but also in relation to offences such as bribery, endangerment and possession that have not traditionally been subjects for in depth theoretical analysis.

Author : Joseph L. Hoffmann,William J. Stuntz
Publisher : Aspen Publishing
Page : 1244 pages
File Size : 54,9 Mb
Release : 2021-01-31
Category : Law
ISBN : 9781543826364

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Defining Crimes by Joseph L. Hoffmann,William J. Stuntz Pdf

Defining Crimes, by the distinguished author team of Joseph L. Hoffmann (Indiana) and William J. Stuntz (late of Harvard), breaks from the tradition of Model Penal Code-centric casebooks and focuses instead on the rich intellectual and theoretical issues that arise from how crimes actually get defined and applied today by state and federal legislatures, trial and appellate courts, police, prosecutors, defense lawyers, and juries. The innovative approach of Defining Crimes enables the in-depth study of the problems and issues that affect the day-to-day contemporary practice of criminal law. New to the Fourth Edition: Three online chapters: Gun Crimes (formerly Chapter 8), Hate Crimes, and Crimmigration New section about the crime of receiving stolen property in Chapter 5 (Property Crimes) Principal case—U.S. v. Alvarez—about conspiracy in Chapter 7 (Inchoate Crimes and Accomplice Liability) New section about consent in Chapter 10 (Defenses), discussing the consent defense to crimes other than rape and sexual assault Notes discussing several prominent recent cases, including those involving Tamir Rice (2014), Brock Turner (2015), Amber Guyger (2018), Michael Drejka (2018), Michelle Carter (Mass. S.Ct. 2019), and George Floyd (2020)Extended excerpt from Kahler v. Kansas in Chapter 10 (Defenses), in which the Supreme Court upheld Kansas’s limited version of the insanity defense against a due process challenge, and notes about the Court’s recent decisions in Rehaif v. United States and Kelly v. United States Notes discussing recent constitutional challenges to the use of criminal law against persons experiencing homelessness Professors and students will benefit from: Strong emphasis on the traditional approach to mens rea still used in the large majority of American jurisdictions—including “general intent,” “specific intent,” malice, mistake doctrine, and strict liability. The Model Penal Code is also covered, for sake of comparison and because its alternative mens rea approach is used in some jurisdictions. A focus on the most commonly prosecuted crimes, including Property Crimes, Drug Crimes, and Crimes of Sex and Sexual Violence. Sub-chapter on Rape is carefully designed to prompt thoughtful class discussion about acquaintance rape, intoxication, “no means no,” and “yes means yes” laws and policies. Focus on the complex interactions between key institutional players—legislatures, courts, police, prosecutors, defense lawyers, and juries—that share responsibility for defining and applying crimes. Text written by experienced and distinguished authors. Introductory sections to explain the fundamentals of criminal law that students need to know in order to understand many of the chapters and sub-chapters. Secondary materials that provide in-depth social, historical, and/or political context for many of the issues that are covered in the book. A Contemporary approach, with most main cases decided since 2000, and notes that discuss cases drawn from today’s headlines.

Author : M. Lynch,P. Stretesky,M. Long
Publisher : Springer
Page : 194 pages
File Size : 45,9 Mb
Release : 2016-04-29
Category : Social Science
ISBN : 9781137479358

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Defining Crime by M. Lynch,P. Stretesky,M. Long Pdf

Defining Crime explores the limitations of the legal definition of crime, how that politically based definition has shaped criminological research, and why criminologists must redefine crime to include scientific objectivity.

Author : Hilmi M. Zawati
Publisher : Oxford University Press
Page : 273 pages
File Size : 42,9 Mb
Release : 2015-11
Category : Law
ISBN : 9780199357116

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Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals by Hilmi M. Zawati Pdf

This scholarly legal work focuses on the dilemma of prosecuting gender-based crimes under the statutes of the international criminal tribunals with reference to the principle of fair labelling. In this book Hilmi M. Zawati explains how the abstractness and lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringe the principle of fair labelling, lead to inconsistent verdicts and punishments, and cause inadequate prosecution of these crimes. This inquiry deals with gender-based crimes as a case study, and with fair labelling as a legal principle and a theoretical framework. Critical and timely, this study contributes to existing scholarship in many different ways. It is the first legal analysis to focus on the dilemma of prosecuting and punishing wartime gender-based crimes in the statutory laws of the international criminal tribunals and the ICC in the context of fair labelling. Moreover, it emphasizes that applying fair labelling to wartime gender-based crimes would enable the tribunals and the ICC to deliver fair judgments, eliminate inconsistent prosecution, overcome shortcomings in addressing gender-based crimes within their jurisprudence, while breaking the cycle of impunity for these crimes. Consisting of two parts, this work begins by outlining the central focus and theoretical legal framework of the study. It concentrates on fair labelling as an imperative legal principle and a legal framework, examines its intellectual development, scope and justification, and illustrates its applicability to gender-based crimes. The second part addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals.

Author : Mukaddes Gorar
Publisher : Routledge
Page : 196 pages
File Size : 51,6 Mb
Release : 2021-05-10
Category : Law
ISBN : 9781000386981

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Honour Based Crimes and the Law by Mukaddes Gorar Pdf

Honour based violence and abuse manifests itself in different forms, and this book offers a comprehensive understanding of this phenomenon. This book argues that the limits of honour crimes must be defined more widely so that they include conducts and behaviours that originate from the patriarchal notion of honour, such as honour based oppression and breast ironing. The book provides a critical analysis and synthesis of the law in England and Wales and in the international human rights sphere. The relevant domestic legislation and cases are examined to reflect on whether adequate protection is provided for the victims and potential victims of honour based violence and abuse. Since honour based violence is a violation of human rights, the relevant international human rights law is examined to illustrate the perception of such crimes in the international arena. The effectiveness of any remedy for victims of honour based violence and abuse depends on its capability to change deep rooted behaviours in communities with honour based patriarchal values. This book argues that the law does not provide the effective impact required, in part due to patriarchal structures, and that more efforts should be dedicated to changes in education. It is held that there is a need for an educational programme that is especially designed to tackle violence and promote gender equality. The book will be essential reading for academics, researchers and policy-makers working in the areas of Human Rights Law, Criminal Law and Gender Studies.

Author : James Fitzjames Stephen
Publisher : Unknown
Page : 540 pages
File Size : 49,5 Mb
Release : 1863
Category : Criminal law
ISBN : OXFORD:N11307029

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A General View of the Criminal Law of England by James Fitzjames Stephen Pdf

Author : Vincenzo Ruggiero
Publisher : Routledge
Page : 182 pages
File Size : 40,7 Mb
Release : 2017-11-27
Category : Business & Economics
ISBN : 9781317647393

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Power and Crime by Vincenzo Ruggiero Pdf

This book provides an analysis of the two concepts of power and crime and posits that criminologists can learn more about these concepts by incorporating ideas from disciplines outside of criminology. Although arguably a 'rendezvous' discipline, Vincenzo Ruggiero argues that criminology can gain much insight from other fields such as the political sciences, ethics, social theory, critical legal studies, economic theory, and classical literature. In this book Ruggiero offers an authoritative synthesis of a range of intellectual conceptions of crime and power, drawing on the works and theories of classical, as well as contemporary thinkers, in the above fields of knowledge, arguing that criminology can ‘humbly’ renounce claims to intellectual independence and adopt notions and perspectives from other disciplines. The theories presented locate the crimes of the powerful in different disciplinary contexts and make the book essential reading for academics and students involved in the study of criminology, sociology, law, politics and philosophy.

Author : Guénaël Mettraux
Publisher : Oxford University Press, USA
Page : 961 pages
File Size : 50,7 Mb
Release : 2020-04-09
Category : Law
ISBN : 9780198860099

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International Crimes: Law and Practice by Guénaël Mettraux Pdf

Judge Mettraux's four-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This second volume discusses in detail crimes against humanity.

Author : Terje Einarsen
Publisher : Torkel Opsahl Academic EPublisher
Page : 361 pages
File Size : 48,8 Mb
Release : 2012-08-15
Category : Law
ISBN : 9788293081333

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The Concept of Universal Crimes in International Law by Terje Einarsen Pdf

This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.

Author : Law Commission of Canada
Publisher : UBC Press
Page : 228 pages
File Size : 44,5 Mb
Release : 2004
Category : Law
ISBN : 0774810874

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What is a Crime? by Law Commission of Canada Pdf

We all have notions of what it means to commit a crime. Most of us are very much aware of the behaviours which, by law, constitute crime. Rarely, however, do we stop to consider why certain activities and behaviours are deemed criminal and others are not. A brilliant and provocative volume, What Is A Crime? forces us to reconsider both how we define criminal conduct in contemporary society, and how we respond to it once it has been identified. Drawing from diverse scholarly traditions -- including law, sociology, criminology and socio-legal studies -- contributors to this collection reflect on the processes of defining crime, and consider the varied and complex implications of our decisions to criminalize certain unwanted behaviour. Employing various case studies, the contributors reflect on the social processes that inform definitions of crime, criminal law, and its enforcement, while illuminating the subjective nature of crime and questioning the role of law in dealing with complex social issues. Collectively, the authors provide a critical dialogue on law and governance in contemporary society. What Is A Crime? will be of interest to a broad spectrum of readers with an interest in the governance of crime and its control in contemporary society. Students and scholars of law, sociology, political science, philosophy, and criminology will find this book invaluable in furthering their understanding of the processes of defining and responding to crime and criminal behaviour. It will also hold sway with policymakers, criminal justice practitioners, and anyone with a stake in our current approaches to crime.

Author : Alison Burke,David Carter,Brian Fedorek,Tiffany Morey,Lore Rutz-Burri,Shanell Sanchez
Publisher : Unknown
Page : 128 pages
File Size : 54,8 Mb
Release : 2019
Category : Electronic
ISBN : 1636350682

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SOU-CCJ230 Introduction to the American Criminal Justice System by Alison Burke,David Carter,Brian Fedorek,Tiffany Morey,Lore Rutz-Burri,Shanell Sanchez Pdf

Author : Avitus A. Agbor
Publisher : Martinus Nijhoff Publishers
Page : 229 pages
File Size : 40,9 Mb
Release : 2013-11-15
Category : Law
ISBN : 9789004254138

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Instigation to Crimes against Humanity by Avitus A. Agbor Pdf

In Instigation to Crimes Against Humanity – The Flawed Jurisprudence of the Trial and Appeal Chambers of the International Criminal Tribunal for Rwanda (ICTR), Avitus A. Agbor critiques the jurisprudence of the ICTR on instigation to crimes against humanity under Article 6(1).

Author : Stuart Henry,Mark Lanier
Publisher : Rowman & Littlefield
Page : 284 pages
File Size : 46,6 Mb
Release : 2001
Category : Social Science
ISBN : 0847698076

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What is Crime? by Stuart Henry,Mark Lanier Pdf

For decades, scholars have disagreed about what kinds of behavior count as crime. Is it simply a violation of the criminal law? Is it behavior that causes serious harm? Is the seriousness affected by how many people are harmed and does it make a difference who those people are? Are crimes less criminal if the victims are black, lower class, or foreigners? When corporations victimize workers is that a crime? What about when governments violate basic human rights of their citizens, and who then polices governments? In What Is Crime? the first book-length treatment of the topic, contributors debate the content of crime from diverse perspectives: consensus/moral, cultural/relative, conflict/power, anarchist/critical, feminist, racial/ethnic, postmodernist, and integrational. Henry and Lanier synthesize these perspectives and explore what each means for crime control policy.

Author : Mark Lattimer,Philippe Sands
Publisher : Bloomsbury Publishing
Page : 528 pages
File Size : 45,5 Mb
Release : 2003-11-27
Category : Law
ISBN : 9781847312433

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Justice for Crimes Against Humanity by Mark Lattimer,Philippe Sands Pdf

The aim of this book is to assess recent developments in international law seeking to bring an end to impunity by bringing to justice those accused of war crimes and crimes against humanity. The book was originally conceived while the editors were engaged, in different capacities, in proceedings relating to the detention of Senator Pinochet in London. The vigorous public debate that attended that case - and related developments in international criminal justice, such as the creation of the International Criminal Court and the trial of former President Milosevic - demonstrate the close connections between the law and wider political or moral questions. In the field of international criminal justice there appeared, therefore, a clear need to distinguish legal from essentially political issues - promoting the application of the law in an impartial and apolitical manner - while at the same time enabling each to legitimately inform the development of the other. The essays in this volume, written by internationally recognised legal experts: scholars, practitioners, judges - explore a wide range of subjects, including immunities, justice in international and mixed courts, justice in national courts, and in a particularly practical section, perspectives offered by experienced practitioners in the field. "This is a welcome collection of papers on criminal justice both at the international and the national level...a book which fills many gaps and adds considerable value by discussing wider policy and moral issues; it is to be recommended to all who are interested in the development of international criminal justice." Elizabeth Wilmshurst, International Affairs

Author : Joycelyn M. Pollock
Publisher : Routledge
Page : 569 pages
File Size : 47,6 Mb
Release : 2015-12-22
Category : Law
ISBN : 9781317226840

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Criminal Law by Joycelyn M. Pollock Pdf

Criminal Law, Eleventh Edition, a classic introduction to criminal law for criminal justice students, combines the best features of a casebook and a textbook. Its success over numerous editions, both at community colleges as well as in four-year college criminal justice programs, is proof this text works as an authoritative source on criminal law as well as a teaching text that communicates with students. The book covers substantive criminal law and explores its principles, sources, distinctions, and limitations. Definitions and elements of crimes are explained, and defenses to crimes are thoroughly analyzed. Each chapter offers guidance to help students understand what is important, including chapter outlines, key terms, learning objectives, Legal News boxes that highlight current criminal law issues, and Quick Checks that cue the reader to stop and answer a question or two concerning the material just covered. Unique Exploring Case Law boxes offer guidance in using the accompanying cases, which are provided on the book’s website. A robust collection of instructor support materials addresses teaching and learning issues